• Title/Summary/Keyword: legal limits

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A study on Administrative Countermeasures and Strategies between Off line Distributive Markets and Small Markets (오프라인 유통마트의 법·행정적 대응전략에 관한 연구)

  • Kim, Taek
    • Journal of Digital Convergence
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    • v.13 no.10
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    • pp.69-80
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    • 2015
  • The Purpose of this study is to establish efficient and balanced development and to make transparent marketing system, environment which is to protect small business, consumer's. This Goal of this study is that focus on development of regional and national economy. Especially, to protect small businessmen, to reserve consumer's buying choice. First of all, to examine causes of distribution maintenance and to will be analysed legal controversy of big distributive markets since local autonomy business limits. It is this study that concentrate on big distributive mart shutdown of business hours, Problems and Countermeasures. The main focus of in this study is as follows: First, to examine the ruling of the court that protest and accept of business hour in big distributive mart' problem and regulation, Second, to understand each of the judgement and problems of distributive shutdown systems, Third, to suggest the good distributive business trade act and the possible collaboration with focus on small and big mart System in Korea. This paper to analyze case of conflict and focus on establishment of transparent distribution since business limits.

The Role of the Sedimentary Deposits (silt line) from Rivers Flowing into the Sea in the Yellow Sea Maritime Boundary (강의 퇴적물과 황해 경계획정 적용가능성에 관한 연구)

  • Yang, Hee-Cheol
    • Ocean and Polar Research
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    • v.31 no.1
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    • pp.31-50
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    • 2009
  • The demarcation of Maritime Boundary is directly related to the expansion of jurisdiction and the securing of resources. Resource diplomacies of the three countries Korea, China and Japan represent a major task for the national administrations : to secure resources as well as to stablize and sustain resources for future national economies. At the sea area around Korea as well, countries are fiercely competing to secure resources and to expand jurisdiction. This is evidenced by the fact that various principles and logics which are beneficial to each own country are presented through international precedents, agreement between countries and the theories of the international law scholars. They say that the conclusion of demarcation of maritime boundary for the Yellow Sea would be easy from the point that there is no dispute related to island dominion in the waters of the Korean Peninsula especially the Yellow Sea, but still we need to have a strategic approach to this issue from the point that the factors used for claiming maritime boundaries may expand the waters of a country over much. For example, the continental shelf boundary in consideration of the distribution of sedimentary deposits in the Yellow Sea which is being raised by China began from the hypothesis that the inflow of sedimentary deposits to the Yellow Sea through the rivers of China represents absolute majority, but the results of the latest studies raised questions on the hypothesis. Especially, the studies done by Martin and Yang revealed that the inflow of sedimentary deposits to the Yellow Sea from the Yellow River is approximately less than 1% of total sedimentary deposits in the Yellow Sea, and also the result of analysis on the causes and counter policy measures on the environment of Bohai, China supports the reliability of the results of such studies. From a legal aspect, the sedimentary deposits of rivers which are claimed by China represent extremely weak ground for the claim for the title of the continental shelf. The siltline claimed by China seems to be based on the Article 76-4-(a)(i) of UNCLOS. This is, however, not the definition on the title of the continental shelf but it is only a technical formula to utilize in a case where a country desires to expand the continental shelf to over 200 nautical miles. Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf also confirm this point through the Article 2.1.2 of the Guideline. The only case in which sedimentary deposits of rivers were referred to as concrete demarcation of maritime boundary was in the which was concluded in 1986 between India and Myanmar at the Andaman Sea. In the said case, India acknowledged the boundary up to the isobath of 200m which Myanmar claimed based on the sedimentary deposits of the Irrawaddy River. It has limits as a case for acknowledging the sedimentary deposits, however, because in fact India's acknowledgment was made in exchange for the condition that Myanmar gave up the dominion of two islands which they had been claiming from India up until that time.

A Study on the Introduction of Arbitration Appeal System (중재상소제도 도입에 관한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.3-20
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    • 2010
  • Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

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Identification of Business Process in the Closure Phase of Construction Programs (건설프로그램 종결단계의 업무프로세스 도출)

  • Lee, Woo-Yeon;Lee, Seung-Hoon;Cha, Yongwoon;Hyun, Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.2
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    • pp.70-78
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    • 2020
  • Construction program management requires more systematic management than traditional management methods due to the complexity of the project and various stakeholders. In particular, the systematization of closure phase of the process is in urgent need as there is a difference between the owner's expectations and the contractor's deliverables, resulting in delayed handovers, conflicts, frictions, and increased legal disputes. This study identified the process and activities of closure phase through domestic and international literature and case studies for the successful closure of the construction program. Further, the proposed processes and activities were verified through expert verification for appropriateness and the possibility of application to the site. By utilizing the processes and activities proposed in this study, the project aims to overcome the limits of closure phase and improve the satisfaction of the owner, as well as to enhance the global competitiveness of domestic construction companies.

Exposure Assessment and Management of Ionizing Radiation (전리방사선 노출과 관리)

  • Chung, Eun-Kyo;Kim, Kab-Bae;Song, Se-Wook
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.25 no.1
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    • pp.27-35
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    • 2015
  • Objectives: To investigate safety and health management, conditions in factories or facilities handling radiation-generating devices and radioactive isotopes were reviewed in terms of regulations of radiation safety control in Korea. Radiation exposure levels generated at those facilities were directly measured and evaluated for establishing an effective safety and health management plan. Methods: Government organizations with laws and systems of radiation safety and health were investigated and compared. There are three laws governing radiation-related employment such as occupational safety and health acts, nuclear safety acts, and medical service acts. We inspected 12 workplaces as research objects:four workplaces that manufacture and assemble semiconductor devices, three non-destructive inspection workplaces that perform inspections on radiation penetration, and five workplaces in textile and tire manufacturing. Monitoring of radiation exposure was performed through two methods. Spatial and surface monitoring using real-time radiation instruments was performed on each site handling radiation generating devices and radioactive isotopes in order to identify radiation leakage. Results: According to the occupational safety and health act, there is no legal obligation to measure ionizing radiation and set dose limits. This can cause confusion in the application of the laws, because the scopes and contents are different from each other. Surface dose rates in radiation generating devices such as implanters, thickness gages and accelerators, which were registered according to nuclear safety acts, using surveymeters, and seven of 36 facilities(19.4%) exceeded the international standards for surface radiation dose of $10{\mu}Sv/hr$. Conclusions: The results showed that occupational health and safety acts require a separate provision for measuring and assessing the radiation exposure of workers performing radiation work. Like noise, ionizing radiation will also periodically be controlled by including it in the object factors of work-environment measurement.

Ensuring the Admissibility of Mobile Forensic Evidence in Digital Investigation (모바일 포렌식 증거능력 확보 방안 연구)

  • Eo, Soowoong;Jo, Wooyeon;Lee, Seokjun;Shon, Taeshik
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.1
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    • pp.135-152
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    • 2016
  • Because of the evolution of mobile devices such as smartphone, the necessity of mobile forensics is increasing. In spite of this necessity, the mobile forensics does not fully reflect the characteristic of the mobile device. For this reason, this paper analyzes the legal, institutional, and technical considerations for figuring out facing problems of mobile forensics. Trough this analysis, this study discuss the limits of screening seizure on the mobile device. Also, analyzes and verify the mobile forensic data acquisition methods and tools for ensuring the admissibility of mobile forensic evidence in digital investigation.

Safety Evaluation of Lead and Cadmium in Colored Plastic Kitchenwares (합성수지제 주방용품의 납, 카드뮴 안전성 평가)

  • Yoon Mi-Hye;Eom Mi-Na;Do Young-Sook;Jung Hong-Rae;Jeong Il-Heoung;Ko Hoan-Uck;Son Jin-Seok
    • Journal of environmental and Sanitary engineering
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    • v.19 no.3 s.53
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    • pp.65-70
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    • 2004
  • This study was peformed to survey and evaluate contents of Pb and Cd in colored plastic kitchenwares by Korea Food Sanitation Act. The tested samples were 160 products(32 PE, 65 PP, 10 PS, 18 ABS and 35 MF) in a local market. The Pb and Cd contents range in the samples were $ND\~357.1mg/kg\;and\;ND\~376.6mg/kg$. Pb contents in 6 samples(1 PE, 1 PP, 2 PS and 2 MF) and Cd contents of 2 samples(1 PE and 1 ABS) were above the legal limits. Among the illegal smples, Pb contents were 140.8mg/kg, 283.4mg/kg, 134.0mg/kg, 329.2mg/kg, 357.1mg/kg and 218.3mg/kg, respectively and Cd contents were 123.1mg/kg and 376.6mg/kg. Pb and Cd in various food simulants were not detected in migration test for illegal samples. Simulants were tested at $25^{\circ}C\;and\;60^{\circ}C$ for n-heptane and $4\%$ acetic acid, and $60^{\circ}C\;and\;95^{\circ}C$ for water.

Reasonable Limits to Contents and Submission of Victim Impact Statement -From Psychological Perspective- (피해자충격진술의 내용 및 방법에 대한 비판적 검토 -심리학적 관점을 중심으로-)

  • Lee, Kwon Cheol;Lee, Young Lim
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.531-544
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    • 2016
  • Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.

Determination of Shelf Life for Butter and Cheese Products in Actual and Accelerated Conditions

  • Park, Jung-Min;Shin, Jin-Ho;Bak, Da-Jeong;Kim, Na-Kyeong;Lim, Kwang-Sei;Yang, Cheul-Young;Kim, Jin-Man
    • Food Science of Animal Resources
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    • v.34 no.2
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    • pp.245-251
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    • 2014
  • The aim of this study was to estimate the shelf life of butter and cheese products, with shelf life being a guide used to determine the storage period of food before deterioration. Butter and cheese samples stored at $10^{\circ}C$ and $15^{\circ}C$ had a shelf life of 221 d, while those stored at $25^{\circ}C$ and $35^{\circ}C$ had a shelf life of 109 d. Quality changes, including total cell count, coliform counts, Listeria monocytogenes counts, acid value, moisture content, pH, acidity and overall sensory evaluation, were monitored. In order to pass the overall sensory evaluation, a quality score of 5 points on a 9-point scale was required. For other quality criteria, legal quality limits were established based on the "Process Criteria and Ingredient Standard of Livestock Products" by the Animal, Plant and Fisheries Quarantine and Inspection Agency (Republic of Korea). The nonlegal quality limit was estimated by regression analysis between non-quality criteria (y) and overall sensory evaluation (x). The shelf life was estimated based on the number of days that the product passed the quality limit of the quality criteria. The shelf life of samples stored at $10^{\circ}C$, $15^{\circ}C$, $25^{\circ}C$ and $35^{\circ}C$ was 21.94, 17.18, 6.10 and 0.58 mon, respectively, for butter and 10.81, 9.47, 4.64 and 0.20 mon, respectively, for cheese.

Selenium in Pig Nutrition and Reproduction: Boars and Semen Quality - A Review

  • Surai, Peter F.;Fisinin, Vladimir I.
    • Asian-Australasian Journal of Animal Sciences
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    • v.28 no.5
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    • pp.730-746
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    • 2015
  • Selenium plays an important role in boar nutrition via participating in selenoprotein synthesis. It seems likely that selenoproteins are central for antioxidant system regulation in the body. Se-dependent enzyme glutathione peroxidase (GSH-Px) is the most studied selenoprotein in swine production. However, roles of other selenoproteins in boar semen production and maintenance of semen quality also need to be studied. Boar semen is characterised by a high proportion of easily oxidized long chain polyunsaturated fatty acids and requires an effective antioxidant defense. The requirement of swine for selenium varies depending on many environmental and other conditions and, in general, is considered to be 0.15 to 0.30 mg/kg feed. It seems likely that reproducing sows and boars are especially sensitive to Se deficiency, and meeting their requirements is an important challenge for pig nutritionists. In fact, in many countries there are legal limits as to how much Se may be included into the diet and this restricts flexibility in terms of addressing the Se needs of the developing and reproducing swine. The analysis of data of various boar trials with different Se sources indicates that in some cases when background Se levels were low, there were advantages of Se dietary supplementation. It is necessary to take into account that only an optimal Se status of animals is associated with the best antioxidant protection and could have positive effects on boar semen production and its quality. However, in many cases, background Se levels were not determined and therefore, it is difficult to judge if the basic diets were deficient in Se. It can also be suggested that, because of higher efficacy of assimilation from the diet, and possibilities of building Se reserves in the body, organic selenium in the form of selenomethionine (SeMet) provided by a range of products, including Se-Yeast and SeMet preparations is an important source of Se to better meet the needs of modern pig genotypes in commercial conditions of intensive pig production.