• Title/Summary/Keyword: law reform

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An Analysis on Congressional Voting Behaviors based on the Whole Reform Bill on the Law of Local Educational Self-Governing (국회의원 투표 행태 분석: 지방교육자치 관련 법안을 중심으로)

  • Ka, Sang-Joon
    • Korean Journal of Legislative Studies
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    • v.15 no.2
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    • pp.67-88
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    • 2009
  • This study aims at examining what factors have an effect on congressional voting behaviors. In particular, the study closely investigates the Whole Reform Bill on the Law of Local Educational Self-Governing because the bill attracts a lot of attentions. Above all, the bill contains direct election of superintendents of educational affairs and members of a board of education. Likewise, the education committee is converted into a standing committee of the local assembly due to the passage of the bill. The reason the study mainly focuses on the bill is because in general, bills on the floor are approved with significant high in favor; however, the bill was passed with opposition. The study examines factors having an influence on legislators' voting decision. Statistical results show that the ruling party played a significant role in passing the bill. Also, the results exhibit that legislators with high careers and proportional members were in favor of the bill compared with other legislators. Although the study examined only particular bill passed by the National Assembly, it gave an opportunity to look at voting behaviors of legislators. Hopefully, the study contributes to the understanding of congressional voting behaviors.

A Study on the first inventor defense in the US patent law (미국에서의 선발명자 항변에 관한 연구)

  • Chang, Eun-Ik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.6
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    • pp.1319-1336
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    • 2006
  • The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

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Productivity of Islamic Banks in Indonesia: Social Funds versus Financial Funds

  • USMAN, Nurodin;ANDRIYANI, Lilik;PAMBUKO, Zulfikar Bagus
    • The Journal of Asian Finance, Economics and Business
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    • v.6 no.3
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    • pp.115-122
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    • 2019
  • Under the Act No. 21 of 2008, Islamic banks in Indonesia as an intermediary institution are obligated to manage the resources simultaneously, the financial funds as well as the social funds, e.g. zakah, infaq, and sadaqah. This study aims to investigate the productivity change of social funds and financial funds of Islamic Banks in Indonesia. Non-parametric tests of Malmquist Productivity Index (MPI) is applied to annual data from period 2012 to 2017, encompassing post-reform of banking authority from Bank Indonesia to The Financial Services Authority (OJK) at 2012. The samples are nine Islamic banks in Indonesia which were able to provide the data during observation period. The results indicate that social funds are more productive than financial funds and productivity change tends to trade off. The productivity of social funds is progressed by 8.2% while the financial funds is regressed by 5.4%. Overall, the productivity change of Islamic banks is influenced by technological aspect rather than the efficiency aspect. Besides, BRI Syariah is the best performer in managing financial funds while BCA Syariah as the best performer in social funds. It implies that the policymakers may strengthen the supervisory and coaching to increase the Islamic banks' productivity in both activities.

A Current State and an Implication of an Elevator Certification and Inspection System in U.S.A. (미국의 승강기 인증·검사체계의 현황과 시사점)

  • Kim, Young Jin
    • Journal of the Korean Society of Safety
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    • v.32 no.3
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    • pp.99-104
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    • 2017
  • An undeniable reason for elevator accidents is relevant to diverse defects of elevator itself including a fatal flaw in its managing system. In order to prevent and control disastrous accidents, Korean government established brand new department, Ministry of Public Safety and Security(MPSS) in 2014. For the field of elevator accidents, MPSS, hoping to take the lead, tries to reform related law and statutes. At this time, it is worthwhile to review foreign country's precedent to find out its applicable lesson. This study specially focuses on introducing U.S. legal system dealing with elevator safety area from the viewpoint of stressing the identity of local governments such as state, county, city etc. This article mainly reviews these four points: i) a current state of safety code, guide, standard for elevator in U.S.A. ii) an elevator parts certification system under ASME A.17.1, iii) an elevator inspection system in New York City, iv) an implication of an elevator certification and inspection system in U.S.A. to us.

Understanding and Utilization of NCS on International Trade Major in University Education (무역학전공 관련 NCS의 이해와 활용에 관한 연구)

  • KIM, Jae-Seong;PARK, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.721-740
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    • 2016
  • Recently Korea has stepped into a stage of sluggish development, and the unemployment of young people has become a major issue. Especially in 1998 IMF economic shock was influential in formulating government policy and social economic structure on employment. Restructuring now becomes everyday words and further restructuring is already under way. Owing to the growing economic crisis and resultant unemployment and initial appointment shall be considered conditional. Young job seekers are grappling with mastering their native language and unnecessary experiences. These unnecessary experiences are needless waste of time and money. Educational system in university may be affected by environmental changes in population of students and business crisis. Sometimes the departments made a very low rate of employment may be abolished or merged in university. The government will demand us in the work of reform by doing NCS. The government is now ask to teach, train and employ students on the basis of NCS especially in high-school, job training center, and college and university. NCS has advantages and disadvantages. NCS may reduce waste of time and money to make unnecessary experiences, provide standard course to prepare educational system. It will be a big help to adapt properly and make better employment system. The most negative element of the program is application to humanities and social sciences by the same standard with technology and engineering department in the university. Standardization of each educational course will not react quickly to rapidly changing situations in the future.

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A Study on the Improvement of the Fire Investigation System In Korea (우리나라의 화재조사제도 개선에 관한 연구)

  • Ko, G.B.;Choi, D.M.
    • Journal of Korean Institute of Fire Investigation
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    • v.11 no.1
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    • pp.155-166
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    • 2007
  • This study is to deduce problems and grope for its solution by investigating the general operation status about the present fire investigation in Korea. As for the problems, this study is to point out that they are application of diversion by the function of law for fire investigation, execution of individualized fire investigation by each institution, total lack of information sharing system for fire investigation, and weakness of cause investigation for arson. The reform measures are as follows: the unity of law for fire investigation, joint investigation by the related institutions, early introduction of civil fire investigation expert system, extension of special research institutes for fire investigation, introduction of system for sharing information of fire investigation, and operation of fire investigation team for cause investigation for arson.

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A Study on Japanese Export Promotion Strategy for agricultural products and our countermeasures (일본의 농산물 수출촉진 전략과 우리의 대응)

  • Lee, Won-Keun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.357-377
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    • 2010
  • The Ministry of Agriculture, Forestry and Fisheries(MAFF) of Japan established the aim which exports the agriculture, forestry and Fisheries products amounting to a trillion Yen until 2013 in 2004, endeavoring to realize the aim in strengthening both overseas publicity activities and domestic product system. Such changes means that the Japanese agriculture is exchanging defence into attack and gives a important meaning to our agricultures which have a similar agriculture base as Japan. The countermeasures for agricultural products export promotion by MAFF is greeting a 5th year now and obtains a considerable result in agricultural products exports and the export item. Meantime, There are also opinions that the Japanese agriculture has to make efforts to cut the product cost by a large margin in order to prepares a competitive power. we have to consider the counter-measure which will be able to accommodate harmoniously both of two facts that first, Japanese Export Promotion Strategy for agricultural products is giving a hope in the Japanese rural society which have been considered that remaking will be impossible until now, and secondly, the agricultural reform which the cutting of cost and price of agricultural products will be possible in has to be promoted.

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An Approach to Promote the Public Sector System Integration Market in Korea (공공 System Integration 시장의 활성화 방안)

  • Choi, Se-Ill
    • The Journal of the Korea institute of electronic communication sciences
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    • v.8 no.11
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    • pp.1725-1732
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    • 2013
  • This paper deals with an approach to boost the public sector SI market in Korea. In order to promote competition powers of the software industry in Korea, a software industry promotion law has been issued, which restricts large SI companies from competing in the public sector system integration market. However, naturally many SI projects in public sectors are too large and complicated to be carried by small and medium size companies. This paper proposes an approach to reform the SI market for those small and medium size SI companies.

The Use of Agri-environment Concept in the Legislation and the Improvements in South Korea (농업환경의 개념에 관한 법률적 논의 현황과 문제점 분석)

  • Kim, Tae-Yeon
    • Korean Journal of Organic Agriculture
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    • v.26 no.1
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    • pp.83-97
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    • 2018
  • This study analyses the use of agri-environment concept in South Korean laws and tries to identify the limitations and improvements. The agri-environment has been used in the EU agricultural policy since the mid 1980s, and now became the most important policy in the rural development policy. It has been regarded as a concept explaining the various factors for agricultural production. However, the EU defines it as results of agricultural production which includes not only environmental and natural features but also social and historical resources in rural areas. This definition has played a key role in the 2013 reform of the CAP. Because many developed countries are implementing the agri-environmental policy, South Korea needs to introduce it soon. In doing so, this research explores how the current South Korean laws are dealing with the relationship between agriculture and environment. It reviews 34 laws in total and finds out neither act applying the concept of agri-environment, nor recognizing the role of agricultural production in biological and environmental conservation. Nevertheless, this research identifies that some acts could be a basis for introducing agri-environmental policy in South Korea if they may complement the interrelationship between the agricultural production and conservation of rural resources.

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.