• Title/Summary/Keyword: legal framework

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A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

Regulation and Its Tasks of Privately Contracted Armed Security Personnel on Board Ships Against Somali-based Piracy (소말리아 해적행위 대응을 위한 민간무장보안요원 승선의 규제 및 그 과제에 관한 연구)

  • Keum, Jong-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.1
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    • pp.26-32
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    • 2014
  • The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

Collaborative Governance, Decent Work and Innovation: An Analytical Framework for Sustainable Workplaces Based on the Case of Philippine Science and Technology Parks

  • SALE, Jonathan
    • World Technopolis Review
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    • v.5 no.1
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    • pp.71-82
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    • 2016
  • This paper explores, explains and describes a framework for analyzing collaborative governance, decent work and innovation as fundamental elements of sustainable workplaces through case study of Philippine science and technology (S & T) parks. Rules, or the legal infrastructure, are particularly significant considerations that facilitate or hinder collaboration. Industrial relations/human resource (IR/HR) practices are essential to collaboration and decent work. Employee consultation and labor-management council or committee are examples of IR/HR practices that might contribute to collaboration and decent work in firms and workplaces in S & T parks as they are team approaches to production, too. Collaboration and decent work enhance the capacity to innovate. In the long run, collaborative governance, decent work and innovation tend to converge in the concept of sustainable development. The interdependencies and interactions among collaborative governance, decent work and capacity to innovate in firms operating in S & T parks make possible new solutions to new problems (i.e., innovation) and, thus, sustainable workplaces.

A Study for Rural Landscape Planning Criteria (농촌경관계획수립 기준 정립 연구)

  • Joo, Shin-Ha;Im, Seung-Bin
    • Journal of Korean Society of Rural Planning
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    • v.14 no.4
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    • pp.69-76
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    • 2008
  • The purpose of this study is to propose the rural landscape planning criteria for Korean rural area. For this, the meaning of rural landscape is defined, and the legislative framework and several legal processes are surveyed, including the deliberation system for natural landscape impacts and the Landscape Law recently legislated. Through literature studies and analysis, the rural landscape planning criteria are proposed, which have step-by-step processes; goals and objectives, analysis and estimation for present conditions, basic planning concept, landscape planning for different visual landscape types, landscape designing for visual elements, and practical action plans. Each processes are designed considering the existing legislative framework, so it can be well-matched to current systems. But, because there are few rural landscape plans so far, comparing to the urban landscape plans, the validity of this criteria should be verified in the future studies.

Comparative Study on the Institutional Framework of Risk Assessment between German, UK and Korea, Japan in Asian Countries (독일, 영국과 한국, 일본 등 아시아 국가 간의 위험성평가 제도 비교연구)

  • Shin, In Jae
    • Journal of the Korean Society of Safety
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    • v.28 no.1
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    • pp.151-157
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    • 2013
  • This paper is a comparative study on risk assessment policy between Asian countries such as Japan, Korea, Singapore and EU countries, German, UK. Risk assessment is a tool adopted currently in many countries in order to reduce occupational risk in workplace because it help employers to identify their hazard arousing in their working conditions then to settle the issues. This paper compares institutional framework posed in EU and Asian countries. As a result of comparative study, EU countries have more concrete legal system for risk assessment than Asian countries. But Asian countries are now interested in risk assessment such as Japan, Korea and Singapore. The author also suggests successful ways to settle down the risk assessment policy in a country. These findings help to understand occupational health and safety policy on risk assessment in Asian countries.

The Practice and Effect of Water Conservation Legislation in China

  • Liu, Dingxiang;Li, Jianguo
    • Proceedings of the Korea Water Resources Association Conference
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    • 2012.05a
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    • pp.19-19
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    • 2012
  • After more 60 years' legislative practice of water resources protection, the Chinese government has initially established a legislative system of water resources protection, based on Water Law. From the development course of water resources protection legislation, the paper mainly analyzes the legal framework, main content & management system of water resources protection, and pointed out the improved direction of water resources conservation legislation in China in the future.

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Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

Influence of Service Quality and Trust on Customer Satisfaction in Judicial Agents's Service (서비스 품질과 신뢰가 고객만족에 미치는 영향 -법무사의 법률서비스를 중심으로-)

  • Eom, Heeyeol;Lee, Sungho;Kim, Chesoong
    • Journal of Korean Society for Quality Management
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    • v.40 no.4
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    • pp.513-530
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    • 2012
  • Purpose: The requirement for legal services is going up by modern people living in the era of complexity and variety who want to resolve legal conflicts between individuals and improve their personal rights. Methods: In this study, we used both literature and empirical researches to achieve our goals. In literature research, concept of service quality, method of measuring service quality, and dimension of service quality were explored, relationship among service quality, customer satisfaction, and customer loyalty and hypothesis was made based on the above, and tested. To test the conceptual framework, structural equation modeling (SEM) has been used to analyze the data collected from 252 customers of Judicial Agents's Service. Results: This result is not consistent with that of advanced study; it was found that service has significant influence on customer trust, and the trust also has significant influence on customer satisfaction and loyalty. Conclusion: This study has limitations in terms of restricted service sectors and measuring methods. For this reason, the followings are needed to be considered for interpretation and generalization of the study results. We believe that further studies are needed to investigate other service areas as well as legal service at the same time, and study target which is limited to Gangwon Province needs to be expanded for more accurate investigation. In addition, in-depth follow-up study should be proceeded considering variables such as customer value, conversion cost, and image of service providers.

Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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