• Title/Summary/Keyword: legal framework

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A Study on the ICSID Arbitration Cases for Fair and Equitable Treatment under International Investment Disputes - Focusing on the Protection of the Investor's Legitimate Expectations - (국제투자분쟁에서 공정·공평 대우에 관한 ICSID 중재사례 연구 - 외국인투자자의 정당한 기대 보호를 중심으로 -)

  • HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.195-216
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    • 2016
  • In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

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A Study on the Levels of the Instructional Activities by Korean Teacher-Librarians (국내 사서교사 교수활동의 수준에 관한 연구)

  • Chung, Jin Soo
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.25 no.1
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    • pp.153-171
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    • 2014
  • This paper detailed the content and methods of the instructional activities of teacher-librarians in Korea. Using Kuhlthau's levels of education model as a theoretical framework, the study analyzed its data on the direct instructional activities the Korean teacher-librarians reported. The participants included four researchers in school libraries as well as the high school teacher-librarians in Seoul. Written survey were conducted for researchers and teacher-librarians respectively. The results show that there exists a gap between the theoretical emphasis on instructional activities of teacher-librarians and the practice of teacher -librarians in schools, and that the level of instructional activities has not yet advanced fully to the high levels of instructional activities. Future efforts should be made on developing legal as well as educational systems to support advancing the instructional levels of teacher-librarians. Integrating information literacy curricula into the national-level curriculum for public education could be a good example.

Simultaneous Adjustment of the Korea Precise Primary Geodetic Network by Development Method (우리 나라 정밀측지망(精密測地網)의 동시조정(同時調整))

  • Choi, Jae Hwa;Choi, Yun Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.13 no.1
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    • pp.151-159
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    • 1993
  • In conjunction with a vertical network. horizontal geodetic control points provide the basic framework for topographic mapping and legal survey. The design of such networks as well as the technical means for obtaining their coordinates have been changed in time, and therefore Korea National Geographic Institute has planned and observed the precise geodetic network since 1975. The aim of this study is to investigate the systematic distortions of the precise geodetic network in Korea implementing by the simultaneous adjustment. The results show that there are large discrepancies between adjusted and public coordinates in Chun-nam and Kyung-buk areas. The coordinate discrepancies are mainly due to the non-rigorous adjustment method and the disregard of the orientation unknown of the first direction for some blocks.

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Utilization of Technical Resources in the Emergency Recovery Process of Flood Damage of Local Governments (지방자치단체의 홍수피해 응급복구 과정에서의 기술자원 활용방안)

  • Heo, Sun Bum;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.5 no.1
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    • pp.7-12
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    • 2012
  • This study analyzed appropriate equipment combination for emergency recovery after flood disasters and proposed an alternative approach for economic and rapid emergency recovery based on the utilization of human resources who have practical experience in construction business and in equipment operation. The current countermeasures and response to flood disaster including emergency procedures and methodologies are investigated and related legal framework was also analyzed. Currently, some emergency recovery works are over payed and delayed due to unclear and inefficient processes on equipment and human resources mobilization during and after flood disasters, particularly in local governments. Best practices in mobilizing equipment and human resources were compiled, theoretical foundation was investigated and analyzed, and improved emergency recovery schemes were proposed for effective flood disaster countermeasures in local government. Prioritization in equipment and human resources mobilization was also proposed considering equipment transportation distance and accessability to disaster sites. This study also proposed improved ways to utilize experts in local areas in supporting community emergency response volunteers for disaster risk management.

A Study on the Legislation for Separate Prime Contracting in the Fire Facility Business (소방시설업의 분리발주 법제화에 관한 연구)

  • Lee, Chang Woo
    • Fire Science and Engineering
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    • v.27 no.6
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    • pp.97-103
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    • 2013
  • This study analyzes the present public construction ordering system focussing on the legal framework for the fire facilities construction business and investigates the problem of subcontracting, and further reviews why Separate Prime Contracting should be recommended in policy, social, legislative and regulative terms. This study suggests the amendment of Fire Facilities Construction Business Act, with new bill drafting. The result of this study shows the present public construction ordering system has huge disparities between main building construction business and fire facilities construction business, and recommend Separate Prime Contracting should be adopted in the fields of fire facilities construction business. The system of Separate Prime Contracting may secure business entities' responsibility and higher quality of fire facilities, and also result in reasonable construction practices in reasonable costs. This system may also contribute to improve public safety level in fire facilities construction.

Applicability of Water Quality Indicators as Target Pollutants for Total Maximum Daily Loads (수질오염총량관리를 위한 대상물질 적용성 분석)

  • Park, Jun Dae;Oh, Seung Young;Park, Jae Hong
    • Journal of Korean Society on Water Environment
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    • v.29 no.4
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    • pp.531-539
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    • 2013
  • In order to apply a water quality indicator as a certain target pollutant, the indicator should have the representability of an index for the management of Total Maximum Daily Loads (TMDLs). Scientific groundwork and treatment technologies also should be provided for the application of the indicator. This study analyzed the applicability of major water quality indicators for target pollutants. The results showed that four water quality indicators of TOC, T-N, SS & T-Coli can be considered as target pollutants besides existing BOD and T-P. These indicators can be applied with the preparations such as essential basic data, pollution load estimation framework as well as legal criteria setting when the need is raised. As the importance of TOC, which is considered as a replacement of BOD, is emphasized, technical and institutional terms are being prepared in order to determine TOC as another target pollutant in the near future. It could be considered to combine TOC with BOD for the time being during the $3^{rd}$ stage of TMDLs in view of the present conditions for the management of TOC. TOC can be the most effective index for the organic matter and help to be managed more systematically in the waterbodies where rivers and lakes are mutually connected.

Policy Direction for Promoting the Satellite Data Use in Public Sector

  • Kim, Young-Pyo;Sakong, Hosang;Park, Sung-Mi
    • Proceedings of the KSRS Conference
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    • 1999.11a
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    • pp.355-362
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    • 1999
  • With the ready access to the high resolution satellite image data, users of and areas covered by satellite image data are constantly on the rise world-wide. Korea will also be able to take full advantage of the satellite data once the KOMPSAT is successfully launched. Harmonizing satellite data production and application technology and users' needs, along with the guiding policy is essential for promoting satellite data use. Up to now, the Korean government has mainly concentrated on developing production technology for the satellite units. However, the imminent task of independent satellite data production demands a promotion policy for satellite data use. In this context, the policy is defined as an important medium for identifying the role and status of satellite image information at the national level and also Preparing the legal as well as systematic foundation for producing, building, distributing, and packaging satellite data. For example, in the countries with the advanced satellite technology, such as the United States, the United Kingdom, and Australia, digital ortho image and digital elevation model (DEM) are mandatorily included in the National Geographic Framework Data through policy measures. In addition, in order for the efficient provision of the satellite data, separate organization or agency is being in operation for the exclusive production and distribution of the satellite data. The present paper aims to examine the role and status of the satellite data as well as their current status and problems in Korea in reference to the National Spatial Data Infrastructure, and finally to provide the policy directions to promote the satellite data use in public sector on the basis of the preceding analyses.

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A Study of Activities and Demand on Welfare Nursing in Korea (사회복지분야의 간호활동실태 및 간호수요에 관한 연구)

  • Kim, Young-Im
    • Research in Community and Public Health Nursing
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    • v.7 no.2
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    • pp.203-215
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    • 1996
  • Social security is concerned with ensuring all citizens maintain basic needs, community health nursing maintains and promotes health for all community members. Lately, This new area of community health nursing, concern social welfare has increased. The objectives of this study are, first, to analysis the activities of nurses at community social welfare institutes, second, to estimate nursing demand for social welfare areas. The study methods used were as literature review, an analysis of statistical data and case study etc. The analytical framework also included a demand analysis of nursing manpower in community social welfare areas. The major results are as follows; 1. Employees which work at social welfare institutes number 55,464, nursing manpower (including nurse aids) number 1,458 and this is 3% of the total employees. Within nursing manpower, nurses number 780, nurse aids number 670. 2. The rates of nurses among total employees were high in institutes for mental disorders and institutes for the age. 3. The salary level of nurses was lower than average and the rates of retirement showed a roughly middle level in welfare institutes. 4. The satisfaction level of nursing services was high, and it is the trend that nurses substitute for nurse aids which retire at social welfare institutes. 5. Nurse demand that follows legal criteria is 2,221, but only 35% are working. It is therefore insufficient from the minimum of 733 to a maximum 1433. 6. The sufficiency rates by institution were high at institutes for vagrants, aged and the handicapped. In conclusion, the conditions are of nurses which are working in with the social welfare institutes are poor. Also the number of nurses compared rates of demand were in surplus. But, the basic direction of welfare policy is universal-preventive and provision of the family and of community centered service, and nursing service demand in the social welfare institute will increase continuously, we predict. Therefore, we will need a positive plan such as the development of an inservice education program and the construction of an information collection system etc.

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A Study on the Recent Change in Korean Legislative System of Marine Environment Related Laws (최근 국내 해양환경법제도의 변화에 관한 고찰)

  • Park, Su-Jin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.13 no.4
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    • pp.43-50
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    • 2007
  • Korea actively endeavors to improve the national marine environmental laws and regulations. Along with the growing global concern on the importance of marine environment, the concern is also increasing nationwide in Korea. These institutional changes in Korea have implications in that it has started to internalize the Sustainable Development Principle and the Precautionary Principle in the form of 'law' and 'policy.' The enactment efforts for conservation and sustainable use of marine environment will continue as the legal demand of public for coastal erosion prevention and climate change mitigation increases. This calls for robust revision for more logical framework and coherence of marine environment laws and regulations as well as efficient implementation of policies. In addition, it is strongly required that the systematical research and survey as well as the robust reversion of laws and policies should be taken accordingly for the effective conservation of marine environment.

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A Comparative Study on the Fundamental Law of Science and Technology in South and North Korea (남북 과학기술 기본법제 비교)

  • Yun, Jong-Min
    • Journal of Korea Technology Innovation Society
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    • v.9 no.3
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    • pp.514-537
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    • 2006
  • Recently, according as the weight of science and technology in the national development has been more increased, each nation have consolidated policies and legal systems in the field of science and technology. South and north korea have also treated science and technology as an important matter, and have continuously conducted reorganization of administrative framework and related law and regulation since the latter of 1990's. This paper aims to present a useful reference materials in policy-making by investigating the current application state of the fundamental law of science and technology in south and north korea. For this purpose, after reviewing the structure and content not only of the provisions about science and technology in constitutional law but also the general law of science and technology in south and north korea, compare and analyze differences and similarities of them.

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