• 제목/요약/키워드: legal basis

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토양환경 이력관리제 도입을 위한 해외 사례 고찰 (A Study on Present International Status and Implications for Introduction of Contaminated Land Register System into Korea)

  • 유근제;양지훈;김재훈;황상일
    • 한국지하수토양환경학회지:지하수토양환경
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    • 제21권4호
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    • pp.10-19
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    • 2016
  • Land contamination has emerged as a major environmental and land management issue over the last decade. Although the importance of contaminated land management was continuously increased and many developed countries tried to make advanced contaminated land register system, current Korea soil regulations and policies have not been considered yet. This study analyzed existing or developing contaminated land register system from various countries to suggest implications of environmental decision support. Through this study, the introduction of contaminated land management system as creating a new system in Korea needs to considerable review to the following in order to achieve the objective through a effective adoption and operation (1) we need to establish contaminated land register system by providing a proper legal basis before the imposition of data collection, investigation, and management, (2) sufficient examination is required to identify scope of information disclosure and criteria, contents, and subjects of items from contaminated land register system.

법정 스마트도시서비스 지원기관의 발전방향 (Development Direction of Smart City Service Supporting Institutions)

  • 장환영;김남곤
    • 한국콘텐츠학회논문지
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    • 제17권7호
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    • pp.397-407
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    • 2017
  • 본 연구는 스마트시티의 발전과 고도화를 위해 스마트도시서비스 지원기관이 나아가야 할 발전방향에 대해 제시하는 것을 목적으로 한다. 이를 위해 첫째, 스마트도시서비스 지원기관의 필요성과 법적근거, 주요기능 등에 대해 이론적으로 검토하였다. 둘째, 스마트도시서비스 지원기관의 기능영역별 현황을 검토하고 기능영역별 상대적 중요도 도출 및 의견수렴을 위한 전문가 심층인터뷰를 수행하였다. 셋째, 이론적 검토와 기능별 현황파악, 우선순위 도출, 전문가 의견 수렴 등을 종합한 스마트도시서비스 지원기관의 발전방향을 제시하였다. 본 연구결과는 향후 국내 스마트시티 사업에서 핵심적인 역할을 수행할 것으로 예상되는 스마트도시서비스 지원기관의 역할과 기능, 그리고 향후 발전방향을 제시하였다는 점에서 그 의의가 있다.

거주지관리제도 도입을 위한 미국 주택소유자조합의 기능과 관리방식에 관한 연구 (A Study on the function and Management Models of American Homeowners Association for Introducing Residential Area Management System in Korea)

  • 박경옥
    • 한국생활과학회지
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    • 제15권4호
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    • pp.691-701
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    • 2006
  • The purpose of this study is to find out a way to apply the strength of American homeowners association to Korean housing management system through literature review on the legal basis, organizational composition and functions, and management models of homeowners association. Following is distinctive characteristics of American homeowners association. 1) Homeowners association is a juridical entity which 'Condominium Act' obliges residents to join. 2) The board of directors is decision maker. The covenant, however, gives residents right to act in committees. 3) Homeowners association has self-governing functions such as management of common spaces, permission of new construction and taxation. 4) Types of management are volunteers' self-management, association-employed management, full agency management, and some mixed types. Residents pay management charge by month or by quarter. This study suggests as follow. 1) It is needed for Korea to legislate the law to regulate the management system of detached houses. 2)Management system of Korea can be more efficient with volunteers' committees for active participation. Above all, architectural control committee is essential in the circumstance that reform of apartment is popular these days. 3) The management entity is recommended to have some self-governing function to talk about taxation policy with local governments.

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Approaches to Formation and Regulation of a New Model of Social and Labor Relations in Terms of Innovative Development

  • CHULANOVA, Zaure K.
    • Asian Journal of Business Environment
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    • 제9권3호
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    • pp.11-20
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    • 2019
  • Purpose - The study aims to substantiate the approaches and principles of forming a model of social and labor relations adequate to the modern conditions of economic development. Research design, data, and methodology - The article deals with the issues of legal regulation of social and labor relations in the labor market of Kazakhstan; describes the current model of labor relations and its basic parameters; determines the external and internal factors; specifically, the influence of the new labor law on its further development in the direction of democratization and the establishment of social partnership as a regulatory institution in the labor relations field. Result - Result is the model of the system of social and labor relations proposed by the author, which allows us to cover the multifaceted nature of this phenomenon, to unite the influence of the external environment and the internal complex of their mutual relations and interdependencies. Conclusion - The creation of an effective model of social and labor relations should proceed from the multifaceted nature of their manifestation. This means that the theoretical and methodological basis for their formation should be a comprehensive approach to solving the problems of transformation and interaction of social and economic components.

국내 의료기관 인증제의 과제: 사후관리 중심으로 (Challenges in Korea Hospital Accreditation: Focused on Post-Accreditation Management System)

  • 김지은;신경아;신민경;신재준;이현희
    • 한국의료질향상학회지
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    • 제24권1호
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    • pp.1-8
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    • 2018
  • Objectives: The post-accreditation management system should be systematic in order to ensure that the accredited hospital continues to strive for patient safety and quality improvement during the accreditation period. In this study, we compare the post-accreditation management system in four countries (the U.S., Australia, Japan, and Korea) and provide suggestions for improving the post-accreditation management system in Korea. Results: All four countries had the post-accreditation management system, and the basic structure of the system in Korea was similar to that of others. However, there were differences in the practical operation processes and the use of the results. In the operation process, Korea's monitoring relies on voluntary reporting by accredited hospitals. In terms of results utilization, analytical feedback to data submitted by the acrredited hospital is not provided in Korea. Conclusions: It is necessary to establish a continuous monitoring system for post-accreditation changes and provide feedback to accredited hospitals. It is also necessary to perform a survey without advance notice and establish a firm legal basis for monitoring.

청소년의 술, 담배, 기타 약물남용 예방을 위한 적극적인 부모역할 모델 (An Appropriate Parent Role Model for Alcohol, Tobacco and Other Drug Abuse Prevention in Adolescence)

  • 범진필
    • 한국임상약학회지
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    • 제13권1호
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    • pp.18-28
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    • 2003
  • An appropriate parent role model for alcohol, tobacco and other drug abuse prevention in adolescence was designed as part of a comprehensive effort to reduce the use of alcohol, tobacco and other drugs by underage youth. The content of the model offers a new and positive chemical health model. The model calls for development of a set of guidelines that can provide the framework for examining alcohol, tobacco and other drug use. The actions of adults in the community, especially parents, are very important factors in whether or not youth use chemicals. So these guidelines can be used to assist parents and other adults with questions such as, what can we say to young people about using alcohol, tobacco or other drugs except that it's against the law? At what age and times are discussions appropriate? What can we do to make our community a healthier place in which young people can make better decisions about alcohol, tobacco and other drug use? The model acknowledges and affirms the legal and appropriate use of alcohol and other drugs as well as supports the decision not to drink. It encourages participants to consider their own guidelines for using and not using alcohol and other drugs. The guidelines can also be used as the basis for early intervention when use is illegal, unhealthy or risky. It is important to note that the model affirms healthy and appropriate use as well as nonuse.

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사망재해 발생 기업에 대한 형사책임 강화 - 영국의 '법인 과실치사법'을 중심으로 - (Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on "Corporate Manslaughter and Corporate Homicide Act 2007")

  • 정진우
    • 한국산업보건학회지
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    • 제23권4호
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    • pp.374-383
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    • 2013
  • Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

국제전자계약준비초안(國際電子契約準備草案)의 적용범위에 관한 비교 연구 (A Study on the Scope of Application of Preliminary Draft Convention on International Contract Concluded or Evidenced by Data Message)

  • 오원석
    • 통상정보연구
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    • 제4권2호
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    • pp.1-12
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    • 2002
  • The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.

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디지털상품의 국제거래 유형과 분쟁 해결방안 (Disputes Patterns and Resolution Approaches in the Global Trading of Digital Goods)

  • 심상렬;정윤세
    • 한국중재학회지:중재연구
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    • 제17권3호
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    • pp.145-167
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    • 2007
  • Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

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최근 10년 보건의료법 환경 및 건강보험법정책의 변화 (The Changes in the Public Health Laws and in the Legal Policies of the National Health Insurance over the Past Decade)

  • 김운묵
    • 의료법학
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    • 제10권2호
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    • pp.37-82
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    • 2009
  • Korea has gained the much more performances in the fields of pubic health laws and related policies on the basis of the substantial economic achievements. In 1977, the social medical insurance was established for companies with more than 500 employees, and in 1989, Korea successfully achieved the national medical insurance system covering the total population within only 12 years beginning with multiple insurers. There remained some problems, however, to be improved such as both the low level of contribution rates and benefit packages due to the inefficiency in utilizing limited medical resources. In 2000, all insurers were unified into a single insurer (National Health Insurance Corporation), and special independent Health Insurance Review & Assessment Service (HIRA) was also established. From the origin of medical insurance system in 1977, the Korean reimbursement system has been fee-for-service system, and after the establishment of HIRA, it has been providing objective and expert medical cost review services and health quality assessment services.

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