• Title/Summary/Keyword: legal basis

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

  • Jang, Hwan-Young;Kim, Nam-Gon
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.397-407
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    • 2017
  • This study aims to suggest development direction of smart city service support institutions for the development of smart cities. For this purpose, First of all, the necessity of smart city service support organization, legal basis and major functions were theoretically examined. Second, reviewed the functions of smart city service support institutions and conducted relative importance and in depth interviews with experts. Third, suggested development direction of smart city service support institutions which summarized the above results is suggested. The result of this study is meaningful in that it suggests roles, functions and future directions of smart city service support institutions.

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

  • Park, Kyoung-Ok
    • Korean Journal of Human Ecology
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    • v.15 no.4
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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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    • v.9 no.3
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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.

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

  • Kim, Ji-Eun;Shin, Kyong-A;Shin, Min-Kyung;Shin, Jae-Joon;Lee, Hyun-Hee
    • Quality Improvement in Health Care
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    • v.24 no.1
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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.

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

  • Burm, Jin Bil
    • Korean Journal of Clinical Pharmacy
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    • v.13 no.1
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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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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" (사망재해 발생 기업에 대한 형사책임 강화 - 영국의 '법인 과실치사법'을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.4
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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.

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

  • Oh, Won-Suk
    • International Commerce and Information Review
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    • v.4 no.2
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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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Disputes Patterns and Resolution Approaches in the Global Trading of Digital Goods (디지털상품의 국제거래 유형과 분쟁 해결방안)

  • Shim, Sang-Ryul;Jeong, Yoon-Say
    • Journal of Arbitration Studies
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    • v.17 no.3
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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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The Changes in the Public Health Laws and in the Legal Policies of the National Health Insurance over the Past Decade (최근 10년 보건의료법 환경 및 건강보험법정책의 변화)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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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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Case Studies on the Effect of Nondocumentary Conditions in the Letter of Credit Transactions (신용장거래에서 비서류적 조건의 유효성에 관한 분쟁사례연구)

  • Lee Sang-Hun
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.175-205
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    • 2005
  • One of the important issues facing current letter of credit practice is the effect of nondocumetary conditions. A nondocumentary condition is a condition contained in the credit without stating the document to be presented in compliance therewith, so nondocumentary condition must be ascertained by reference to factual matters rather than by review of a tendered document. This study attempts to examine the regulations in UCP, ISP98 and UCC on the nondocumetary conditions and the opinions on the effect of nondocumetary conditions and to analyze various cases on the effect of nondocumetary conditions. The results of this study can be summarized as follows. Firstly, UCP, ISP98 and UCC stipulate that banks will deem nondocumetary conditions as not stated and will disregard then So the legal standards for nondocumetary conditions have established. Secondly, courts used to permit the effect of nondocumetary conditions on the basis of the Wichita rule, party autonomy. Thirdly, issuing banks and applicants should not attempt to put in any nondocumetary conditions in order to prevent disputes on the effect of nondocumetary conditions.

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