• Title/Summary/Keyword: legal basis

Search Result 588, Processing Time 0.024 seconds

A Study on the Way of Securing the Practical Effectiveness of Oil Record Book (기름기록부 실효성 확보에 관한 연구)

  • Choi, Jung-Hwan;Lee, Sang-Il
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.20 no.4
    • /
    • pp.389-397
    • /
    • 2014
  • The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

Institutionalization for the Effective Establishment and Management of Wind Corridor Forests (도시 바람길숲 활성화를 위한 제도화 방안)

  • Ju-Hyeon Park;Jeong-Hee Eum;Jeong-Min Son
    • Korean Journal of Environment and Ecology
    • /
    • v.38 no.1
    • /
    • pp.108-120
    • /
    • 2024
  • This study proposes measures for institutionalization and its inter-departmental linkages to increase the effectiveness of wind corridor forests in response to changing urban environmental issues and climate change. For this purpose, the study reviewed laws and regulations containing terms related to urban wind corridors, identified the roles and relationships of wind corridor forests required in relevant plans, and assessed high-level and basic plans for wind corridor forests to identify issues in the current establishment of wind corridor forests and derive key issues related to them. Based on these results, institutionalization measures for legislating wind corridor forests and their effectiveness methods were suggested. This study proposes 1) defining terms and establishing legal and institutional foundations and 2) establishing hierarchies with related plans and a legal basis for the basic plan for wind corridor forest as an institutional plan for legalization of wind corridor forest, and 1) establishing a legal and institutional foundation for constructing spatial data like analysis maps and 2) establishing the guidelines for the basic plan and for creating and managing wind corridor forests and their contents as an institutional plan for effective revitalization. It is expected that this study can be utilized as basic data for establishing laws and regulations related to wind corridor forests and can contribute to the institutionalization research of basic plans. It is also hoped to be used as basic data for systematically constructing wind corridor forests.

Utilization of Traditional Chinese Medicine for COVID-19 in China (중국의 COVID-19 대응을 위한 중의약 활용)

  • Kim, Hanul;Kim, Changwon;Koo, Nampyong;Yi, Junhyeok;Yi, Eunhee;Kim, Dongsu
    • Journal of Society of Preventive Korean Medicine
    • /
    • v.24 no.2
    • /
    • pp.1-15
    • /
    • 2020
  • Objectives : The objectives of this study were to investigate why and how China used traditional Chinese medicine as a response to COVID-19 and how its performance was achieved, and to explore ways to utilize traditional Korean medicine in Korea. Methods : We examined the information through government data and media articles. China's COVID-19 progress and policy response were reviewed and compared with Korea. Based on this, the characteristics of traditional Chinese medicine response in China were identified. Results : Based on legal basis, China makes the overall use of traditional Chinese medicines to respond to COVID-19. Traditional Chinese medicine has been applied to health insurance, the licensing regulations have been eased, and traditional Chinese medical specialists were dispatched. The medical care guidelines were developed and R&D were carried out. In addition, policies related to traditional Chinese medicine included policies for preventive treatment, the combination of Chinese and Western medicine, and telemedicine. Conclusions : Traditional Chinese medicine response to COVID-19 was included within the overall national quarantine policy, providing medical services for the mild stage. In addition, R&D was conducted to establish a basis for the utilization of traditional Chinese medicines. Traditional Korean medicine also needs to be prepared so that it can be used as a complement to the response of communicable diseases.

Information and Communications Technology in the Field of Public Security: Crime Prevention and Response System (치안분야의 정보통신기술 활용방안 연구 - 빅데이터기반 치안수요분석과 대응체계를 중심으로 -)

  • Kim, Yeon Soo
    • Convergence Security Journal
    • /
    • v.16 no.6_2
    • /
    • pp.23-32
    • /
    • 2016
  • Rapid advances in information and communications technology are new challenges and also opportunities for the police. For the purpose of identifying its implications, this study reviews utilization cases of information and communications technology in the field of public security in South Korea and other countries. As theoretical basis for utilization of information and communications technology, this study introduces intelligence-led policing, predictive policing and evidence-based policing. Also, utilization of big-data based crime analysis and crime prediction technology, as well as advancement of information and communications system and command and control technology of the police, are discussed. Based on the identified implications in this study, the following proposals are made. They are (1) procuring basic data, (2) creating an integrated database, (3) increasing utilization of policy decision-makers, (4) exchange and cooperation between related institutions, (5) training professional analyzers, (6) establishing legal basis and practical guidelines for an integrated database.

A Study on Enforcement of Arbitral Awards between China and Taiwan (중국과 대만간 중재판정의 상호집행에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
    • /
    • v.19 no.1
    • /
    • pp.45-65
    • /
    • 2009
  • China and Taiwan had opened complete Three Linkages era December 2008, in the 59 years. The improvement of two countries' relationship is expecting to spur two countries more on the economy exchange. However the increasement of investment and trade between two countries will increase disputes to ratio. In order to settle the disputes related to economy between two countries, the most favorite way is to use arbitral system which involve less public power. After China and Taiwan recognized this point, they announced provisions which allow to solve controversies through the arbitration between parties of two countries since 1980, and prepared legal basis for dispute settlement between two countries. However, because China and Taiwan do not authorize each party as a country, the execution application made by each party based on New York Convention related to foreign arbitral awards cannot be approved. Because of these kind of reasons China and Taiwan should agree in order to guarantee mutual execution of arbitral awards which is an ultimate purpose of arbitration. However because of the political situation of two countries there are provisions related to execution for arbitral awards decided by each party. In this paper, I separated the provision related to mutual execution for arbitral awards of each party of China and Taiwan, examined exposed problems, and suggested ways to improve. It can support some of assistance and implication to establish basis of arbitral system between South Korea and North Korea and to suggest direction to derive through this kind of study.

  • PDF

Spatial Designation of Impact Fee Zone Using the Parcel Development Permit Information (기반시설설치구역 지정을 위한 공간정보 적용방안 연구)

  • Choei, Nae-Young
    • Journal of Korea Spatial Information System Society
    • /
    • v.11 no.3
    • /
    • pp.40-45
    • /
    • 2009
  • In September, 2008, the government has amended the National Territory Planning Act" by adding criteria to designate the Impact Fee Zone on the basis of the increase rate of the development permit. Since the permits are issued to scattered parcels on the individual basis, however, it renders significant difficulties in accurately figuring out the finite local areas that exceed such legal criteria. This study, in this context, tries to join the development permit time-series data with the Korea Land Information System (KLIS) so that, with the aid of the landform layer and existing infrastructure layer, it could pinpoint the local area where the development activities are concentrating. Taking a sector in Yangpyong County as the case, the study practically demonstrates as to how the designation process is geospatially processed.

  • PDF

A Study on Win-Win Cooperation between Agriculture and Corporations: Focusing on Distribution Cooperation (농업-기업 간 상생협력 구축 전략에 대한 연구: 유통협력형을 중심으로)

  • Park, Seong-Jin;Heo, Seong-Yoon;Choi, Jong-Woo
    • Journal of Distribution Science
    • /
    • v.14 no.10
    • /
    • pp.137-146
    • /
    • 2016
  • Purpose - Korean agriculture is facing internal and external environmental changes and the need for secure stable outlets. Active participation and mutually beneficial cooperation between enterprises and agricultural is necessary for a win-win situation. This study investigates the case for distribution cooperation and a cooperative system. To respond to the diverse needs of consumers and market reclamation, there is a need to analyze and categorize distribution cooperation. Research design, data, and methodology - A literature study, relevant interviews with enterprises, and meetings with local government practices were conducted. A survey frame was derived through the participation of agricultural enterprises and distribution cooperation models were categorized identifying win-win cooperation and best practices. It was organized on the basis of six best practice examples of distribution cooperation between industry and agricultural sectors, divided into three types: opening distribution channels, exporting cooperation, and developing new products. Results - An innovation management system that can adapt to environmental changes and problems of agriculture is necessary. A company has to supply high-quality agricultural products reliably to meet the preferences of consumers by introducing products that promote domestic market differentiation. In addition, consumers are choosing a variety of products that may include not only high quality products but also local products and safe products. The main areas of cooperation are the direct provision of agrifood raw materials to consumers. Next, would be to help agricultural sectors distribute and pioneer international markets. The ideal step for distribution cooperation is the joint investment in new products by business and agriculture. Conclusions - Agriculture and win-win cooperation with enterprises is in an early stage of social contribution. To implement a distribution cooperation model between business and agricultural sectors, it is crucial to establish a structured support system including joint councils. Additional requirements include strengthening agricultural capacities, creating a legal basis for provision, and producing a win-win cooperation environment. The promotion of win-win cooperation and agricultural enterprises needs to exist in various forms in order to establish a different type of incentive system.

The Consideration about an Electronic Medical Record Security Standardization (전자의무기록 보안표준화에 대한 고찰)

  • Park, Doo-Hee;Song, Jae-Young;Lee, Nam-Yong
    • Journal of Information Management
    • /
    • v.36 no.1
    • /
    • pp.125-154
    • /
    • 2005
  • Due to the development of Internet and the collection and usage of the individual information, the infringements of the personal data have been increased rapidly. Regarding the personal data protection in the medical industry, it is clearly described in 'Act on Promotion of Information and Communication Network Utilization and information Protection, etc.'. the law is ratified on the basis of the service provider, therefore, it has its own limitation to be applied to medical industry. Therefore, this paper is to set the security standard and to discuss the range of legal application and considerations on its basis for the domestic medical institution at the electronic medical record system. We exemplify specific applicable content of the electronic signature in the electronic medical record also, present a security assessment item in electronic medical system and set the criteria for the security standard in the medical industry.

Significance and Future Direction for Designation and Management of Landslide-Prone Zones (산사태 취약지역 지정·관리 제도의 의의와 향후 과제)

  • Kim, Suk Woo;Chun, Kun Woo;Kim, Kyoung Nam;Kim, Min Sik;Kim, Min Seok;Lee, Sang Ho;Seo, Jung Il
    • Journal of Forest and Environmental Science
    • /
    • v.29 no.3
    • /
    • pp.237-248
    • /
    • 2013
  • The legal basis for the systematic prevention and response to landslide hazards, and the rehabilitation of landslide-hit areas, was established through the amendment of the Forest Protection Act in August 2012. The most noticeable amendment to the Act is the inclusion of clauses associated with the designation and management of landslide-prone zones (including debris flow-prone zones). In this paper, we (1) introduce the clauses related to the designation and management of landslide-prone zones that were included in the amended Forest Protection Act, (2) examine their significance by reviewing the present status of related domestic laws and structural countermeasures such as sediment check dams for sediment-related disaster prevention, and (3) suggest the future directions of the procedure for the designation and cancellation of such zones, and their maintenance and institutional aspects. The establishment of an institutional device for the designation and management of landslide-prone zones has great significance in the aspect of (1) the establishment of a comprehensive management and prevention system for potential landslide-prone zones in forested areas where the hazard risk has been poorly recognized as compared with the flood risks in lowlands, and (2) the establishment of the basis for overcoming the limits of structural countermeasures according to limited budgets. To develop the designation and management system for landslide-prone zones, not only must present problems be addressed, but a cooperation system between the administration and local residents must also be established.

Past records for the application of arbitrary accomplice regulations to Accomplice-essential crimes

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
    • /
    • v.27 no.3
    • /
    • pp.149-155
    • /
    • 2022
  • The view of not fully denying the application of accomplice regulations to non-punishable opponents has fallen into a formal and logical circular argument that only provides formal grounds for non-punishment and has failed to provide practical grounds. In addition, it can be said that it has a criminal policy problem contrary to the legal sentiment of the general public by not punishing the active government travel activities of non-punishable accomplices. Therefore, in order to solve this problem, it is necessary to respect the legislator's intention that general non-punishment accomplices can be punished if they exceed the 'minimum government travel commission'. Therefore, if an unpunishable accomplice acts at least within the act required to realize the constituent requirements, the application of the accomplice regulations shall be excluded, and the accomplice regulations shall be applied only if they exceed that extent. In addition, if the indispensable counterparty is a protected person or has no responsibility (possibility of expectation), it can be said that it has provided a practical basis for the inability to punish, so it can be understood as impossible to punish. This interpretation method is thought to be able to present concrete validity in marginal cases where the counterparty is more responsible by substantially presenting the basis for an unpunishable accomplice.