• Title/Summary/Keyword: legal basis

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A Study on the Expansion of Arbitration's Area of Coverage in Korea (한국중재의 영역확대 방안에 관한연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.47-69
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    • 2010
  • From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

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A Study on the Development of an Independent Hospice Center Model (독립형 호스피스 센터 모델 개발에 관한 연구)

  • No, Yu-Ja;Han, Sung-Suk;Kim, Myeong-Ja;Yu, Yang-Suk;Yong, Jin-Seon;Jeon, Gyeong-Ja
    • Journal of Korean Academy of Nursing
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    • v.30 no.5
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    • pp.1156-1169
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    • 2000
  • The study was aimed at developing an independent hospice center model that would be best suited for Korea based on a literature review and the current status of local and international hospices. For the study, five local and six international hospice organizations were surveyed. Components of the hospice center model include philosophy, purpose, resources (workers, facilities, and equipment), allocation of resources, management, financial support and hospice team service. The following is a summary of the developed model: Philosophies for the hospice center were set as follows: based on the dignity of human life and humanism, help patients spend the rest of their days in a meaningful way and accept life positively. On the staff side, to pursue a team-oriented holistic approach to improve comfort and quality of life for terminally ill persons and their families. The hospice center should have 20 beds with single, two, and four bed rooms. The center should employ, either on a part-time or full-time basis, a center director, nurses, doctors, chaplains, social workers, pharmacists, dieticians, therapists, and volunteers. In addition, it will need an administrative staff, facility managers and nurses aides. The hospice should also be equipped with facilities for patients, their families, and team members, furnished with equipment and goods at the same level of a hospital. represented by a center director who reports to a board and an advisory committee. Also, the center director administers a steering committee and five departments, namely, Administration, Nursing Service, Social Welfare, Religious Services, and Medical Service. Furthermore, the center should be able to utilize a direct and support delivery systems. The direct delivery system allows the hospice center to receive requests from, or transfer patients to, hospitals, clinics, other hospice organizations (by type), public health centers, religious organizations, social welfare organizations, patients, and their guardians. On the other hand, the support delivery system provides a link to outside facilities of various medical suppliers. In terms of management, details were made with regards to personnel management, records, infection control, safety, supplies and quality management. For financial support, some form of medical insurance coverage for hospice services, ways to promote a donation system and fund raising were examined. Hospice team service to be provided by the hospice center was categorized into assessment, physical care, emotional care, spiritual care, bereavement service, medication, education and demonstrations, medical supplies rental, request service, volunteer service, and respite service. Based on the results, the study has drawn up the following suggestions: 1. The proposed model for a hospice center as presented in the study needs to be tested with a pilot project. 2. Studies on criteria for legal approval and license for a hospice center need to be conducted to develop policies. 3. Studies on developing a hospice charge system and hospice standards that meet local conditions in Korea need to be conducted.

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Improvement and Application of Assessment Criteria on Disease Control Level in Olive Flounder Aquaculture Farms (넙치 양식장의 질병관리등급 평가기준 개선 및 적용)

  • CHO, Miyoung;HA, Heon-Ju;MIN, Jin-Gi;KIM, Tae-Jin;JEE, Bo-Young;PARK, Shin-Hoo;HWANG, Seong-Don;KIM, Kwang-il;JANG, Yeounghwan;PARK, Myoung-Ae
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.6
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    • pp.1646-1655
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    • 2015
  • Korean government has issued the ratings standard for disease control of aquaculture farms according to the Aquatic Life Disease Control Act in 2008. There are five rating criteria within the enforcement regulations; period of disease free, performance of disinfection, environmental and hygienic management, keeping record of trade and sales, completion of education for disease control. There are no application has been applied on the basis of the rating criteria so far because detailed subcriteria and scoring indicators has not established for assessment process. In order to apply the ratings standard for disease control, we set up the subcriteria and new scoring for rating disease control level based on legal criteria in this study. This study was conducted on 90 targeted olive flounder farms in Jeju. The result of disease control level assessment on olive flounder aquaculture farms show the overall average of Jeju-do was 72.9 points and differed depending on the district; 74.7 in Jeju-si and 71.1 in Seogwipo-si, respectively. The Spearman correlation of each evaluation index show the disease control level score was correlated highly with the performance of disinfection(R=0.715, p<0.01), and environmental and hygienic management(R=0.661, p<0.01). The result of correlation analysis show that there is the highest correlation between the aquaculture farm status and the total mortality(R= -0.618, p<0.01). The reliability of the results are considered to be accurate in the Cronbach's alpha value of 0.727.

Analysis for Measured Results in EMF Strength Exposure Level under Base Station Environment for Mobile Communication (이동 통신용 기지국 환경에서 전자파 강도 노출량 측정 결과 분석)

  • Song, Hae-Zu;Kim, Soon-Young;Lee, Moon-Ho
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.21 no.6
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    • pp.601-609
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    • 2010
  • This paper measured EMF strength of the duty measurement radio station(77 station) and the non-duty measurement radio station(41 station) of mobile communication base station in Jeonbuk region. As the result of measurement, it generally reveals that EMF is highly low level compare to the human protection guideline. And It is regarded as level that the national people who live close to the mobile communication base station don't have to worry about electromagnetic wave. This paper provides comparative analyses categorized by the duty measurement station and the non-duty measurement station. The results reveals that the average value and the maximum value of the non-duty measurement station preferably was higher than all the duty measurement station. It is thought that the EMF exposure strength of the national people is caused by approach of station antenna rather than antenna power. Consequently this paper suggests that standard of the antenna power(exceed 30 W), standard of antenna height(exceed 10 m) specified by Radio Regulation Act enforcement ordinance, legal basis for mobile communication base station have to be changed.

Research on the improvement of technology transfer agent system Through South Korea and China's technology transfer agent system comparison (한국과 중국의 기술거래사 자격제도 비교를 통한 기술거래사 제도개선에 관한 연구)

  • Kim, Hye-Sun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.7 no.1
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    • pp.165-175
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    • 2012
  • Recently, accumulation of technology, transfer, absorption, and commercialization is being significantly recognized as a key factor for sustainable growth of the 21st century global economy. The government established "Technology Transfer and Commercialization Promotion Act" In order that the technology developed at public research institutions can be transferred to the private sector and commercialized; the technology developed in the private sector can be traded and commercialized. Also, the Article 14 of "Technology Transfer and Commercialization Promotion Act" is concerning technology transfer agents' registration, promotion, and support: it introduced the special status system of technology transfer agents and the government registers, manages, and supervises it. In most developed countries, the technology transfer agency is transferred to the private sector and it is referred as a technology transfer agent or technology broker. In the domestic market, despite the introduction of the above special status system and the building a various organization and transfer medium system for boosting the market's revitalization, some problems occurred; because the registration system of a technology transfer agent and legal basis and system about its following-up control fall short. For example, recently technology transfer-related performance exemption has brought the activation of technology transfer agent's registration, but there was the limit of selecting the expert above a certain level. Therefore, some countermeasures for this are urgent, In addition, through a compulsory training completion system before the technology trade agent registration is prepared, a short period of curriculum was not sufficient to provide applicants various specialized knowledge. In this research, it is considered about the reform of technology transfer agent through its comparative study in China and Korea. Some improvements are suggested for expanding the market of technology transfer commercialization, assuring the agents' service and strengthening the competitiveness.

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A study on Actual Condition and Interfererence of Electromagnetic Fields inside of The Hospital (I) (의료기관내 전자파환경 실태와 그 영향 (I))

  • Lee, Jun-Ha;Shin, Hyun-Jin;Yoo, Heum
    • Progress in Medical Physics
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    • v.8 no.1
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    • pp.53-67
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    • 1997
  • General hospitals have being under the influence of various and specific environment of electromagnetic field. The factors are development of medical electric equipment and device with enlarged functional demands, in high power and multi-frequency. It has all of both faces, EMI(electromagnetic interference) and EMS(electromagnetic susceptibility). In additional, expansion of personal communication system(cellular phone) has many unreliable factor of using time and area, making noise of electromagnetic fields. We studied actual conditions of EMI in the medical site, where is numerous medical equipment, especially central operation room and ICU(intensive care unit), AKR(artificial kidney room : hemo-dialysis unit), etc. The influence, most of medical equipments made electromagnetic nosie has various factors in its band of frequency, harmonics and strength. In the experimental use of electro-surgical unit and cellular phone, noticeable and considerable noise of eletromagnetic fields were measured. All of that can make trouble and errors on the steadiness of bioelectrical devices. In conclusion, It is necessary to reconsiderations of reallocating EMI source vs. EMS factor, and set to definite forbiding area of using cellular phone. For maintenance of steady normal conditions, in spite of existing any other legal standards of safty level, it need considering all of alternative electromagnetic situations on a case-by-case basis.

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Comparative Analysis of Protective Security Units of Korea, the U.S., and Japan (한·미·일 국가원수 위기관리제도의 분석을 통한 비교 고찰과 시사점)

  • Kwon, Hyuck-Bin
    • Korean Security Journal
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    • no.41
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    • pp.67-96
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    • 2014
  • Today each country in the world goes beyond the narrow concept of national security that was limited to national defense and ideology and are entering multi-dimensional global system mainly based on economic profits. Nevertheless, conflicts between nations due to religious and ideological reasons have brought unprecedentedly intense disputes Security services for head of states have been an important national mission in every era and society. However, they are becoming a main target for assassination and attacks by terrorists. Attacks on the head of state and other VIPs can cause aftermath ranging from war to conflict situation, political crisis, and economic loss. Therefore this study aims to draw insights by comparing protective security units of Korea, the U.S., and Japan which have different legal basis and sociocultural characteristics. Especially in South Korea, which faces difficult diplomatic stance due to the tension with North Korea and relationship with other countries such as the U.S., China, and Russia as well as polarization between classes, generations, regions, and ideologies, cohesion among members of society has weakened and hatred toward the head of state has been brought, which emphasizes the important of national security services. Therefore the study of protective security units and its operation by comparison between neighboring countries will be able to bring insights on the promotion of the security service.

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Review on the Cooperative Policing System in Japan (일본의 민경협력치안제도에 대한 고찰 및 시사점)

  • Kim, Gyoo-Sik;Choi, Eung-Ryul
    • Korean Security Journal
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    • no.36
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    • pp.29-55
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    • 2013
  • In modern society, citizen's expectation about policing levels have been rising over time and it limited resources of the police to deal with the security services are insufficient. Until now, the state monopoly of the police activity was changing to subject of a variety in cooperation with public security system. The citizens considers community not the destination to police enforce the law but space for effective policing partners. Japanese police focus on cooperation oriented policing to strengthen the police and local residents with crime prevention for a long time. Also, the community through a variety of problem-solving policing activities to identify problems such as anxiety and anguish of the people. The legal basis for cooperative policing activity is that Nagaoka city crime prevention regulation in 1979. In recent years, Tokyo local government legislated the safe town development regulations(東京都安全 安心まちづくり條例) and set up the hot-spot area to promote the safety of public facilities. Cooperative policing not police intervention for crime prevention but national policy for the city reclamation in Japan. Police as well as the Ministry of Land and Transport, Ministry of Justice, Ministry of Education, Prime Minister and all government departments thread safe city, crime prevention, and has been working to make the safe city. Japan's cooperative policing is a system that receives the most attention and greater implications.

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A Study on the Development of North Korea's Economic Development Zones through Development Cooperation between South and North Korea (남북 개발협력을 통한 북한 경제개발구 개발 연구)

  • Kwon, Ki Chul
    • Land and Housing Review
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    • v.6 no.2
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    • pp.49-60
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    • 2015
  • North Korean leader Kim Jong Un decided to open 19 Economic Development Zones which are located in all over the country, as a new economic development strategy. The strategy is estimated for accepting change from socialistic planning economic system into socialistic market economic system gradually. South Korean government is busy preparing for reunification between South and North Korea. Recently, many forums and seminars for the issue, 'reunification' are held by public side as well as private sector. This study is focused on making practical strategy for developing 13 Economic Development Zones which were established in 2013 in concurrence with South and North Korea. The study assessed investment potential of the 13 zones in terms of locational, economic and legal competency from the investor's perspective of south koreans. 5 E.D.Zs, Songrim, Hyungdong, Heungnam, Chungjin, Waudo were chosen to be developed on the preferential basis. Development cooperation between South and North Korea on the 13 E.D.Zs will increase the income of north koreans in rural areas by creating jobs, contribute to boost North Korea's economic growth, and bring forward economic integration between South and North Korea.

The Layer Standardization of Computerized Landscape Facility Drawings (조경시설물 전산 도면의 레이어 표준화 방안)

  • Kim, Choong-Sik
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.5
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    • pp.76-90
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    • 2011
  • As most landscape drawings tend to be recorded in electronic format, the need for layer standards is growing. While the categorization system of planting drawings has been progressing, landscape facility drawings are being delayed. So, the purpose of this study was to establish the categorization system of computerized landscape facility drawing documents. In the beginning of this study, it found that the layer categorization system of "The Standards of Construction CALS/EC computerized drawings v1. 1" and "The submit instructions of electronic design documents" are not suitable for the landscape facility drawings. 1,154 drawings drawn by 10 landscape architect offices were used to analyze the current layer categorization status. As a result, it found that "The Standards of Construction CALS/EC computerized drawings v1. 1" were not introduced in landscape facility drawings and 46% of layers were produced indefinitely. The new layer categorization system consisting of 15 facility items was drawn by applying the ISO construction information categorization system. The new layer categorization system is set on the basis of the legal code, landscape design standards, and design guidelines of public institutions. This new layer categorization system is expected to propagate at the landscape architect offices in the early.