• Title/Summary/Keyword: legal regulation

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Halal Tourism in Indonesia: An Indonesian Council of Ulama National Sharia Board Fatwa Perspective

  • ADINUGRAHA, Hendri Hermawan;NASUTION, Ismail Fahmi Arrauf;FAISAL, Faisal;DAULAY, Maraimbang;HARAHAP, Ikhwanuddin;WILDAN, T.;TAKHIM, Muhamad;RIYADI, Agus;PURWANTO, Agus
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.665-673
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    • 2021
  • The phenomenon of sharia-based tourism development has now become a necessity for the people of Indonesia and even for the global community. Therefore, we need rules and regulations that govern it, both rules relating to normative sharia and regulations governing implementation in a positive legal manner. The purpose of this research is to describe halal tourism in Indonesia in terms of the Indonesian Council of Ulama National Sharia Board (DSN-MUI) fatwa and the government regulation. This research is a conceptual review that uses literature research methods sourced from authoritative journals, books and documents and is still relevant to the study of halal tourism. The results showed that the large number of public requests for halal tourism visits in Indonesia resulted in the need for normative and positive regulation that regulates. Finally, the MUI issued and stipulated fatwa Number: 108/DSN-MUI/IX/2016 regarding the implementation of tourism based on sharia principles and West Nusa Tenggara Regional Regulation Number. 2 of 2016 concerning Halal Tourism. Overall, the halal tourism indicator according to the DSN-MUI fatwa Number: 108/DSN-MUI/X/2016 and West Nusa Tenggara Regional Regulation Number. 2 of 2016 the content is almost the same and interrelated with one another. The only difference is in the use of the term "sharia tourism" in the DSN- MUI fatwa while the content in the regional regulation (PERDA) uses the term "halal tourism".

A Study on Activation of Sports Activities for the Disabled in Public Sports Centers (공공스포츠시설의 장애인스포츠 활성화를 위한 건축계획연구)

  • Seong, Kichang
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.18 no.4
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    • pp.89-97
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    • 2012
  • Demands for sports activities for the disabled are continuously increasing. Although sports centers where the disabled available are compartmentalized into the disabled sports centers and the public sports facilities, in fact, sports activities for the disabled in the public facilities had limits. Therefore, this study draw current states, features and issue related spaces and programs of the public sports centers in order to seek ways to activate sports activities for the disabled. The results of the study as follows. Firstly, setting up the legal regulation about the disabled sports centers. Secondly, improvement the facilities considered the disabled's characteristic. Thirdly, installation of a shower stall and a locker room for various users. Fourthly, positive application of the outdoor space connected with a swimming pool. Fifthly, laying detailed regulation of sports centers for the disabled. In conclusion, the study on architectural model which related with spaces and programs of the sports center for all people is needed to move forward.

A Study on Library Exemption Relating to Digital Reproduction and Transmission (디지털 복제 및 전송에 관한 도서관 면책 연구)

  • 홍재현
    • Journal of Korean Library and Information Science Society
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    • v.33 no.3
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    • pp.327-358
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    • 2002
  • The study has Proceeded through examining and analyzing related laws and articles on library exemption relating to reproduction and transmission in digital environment. First of all, the study investigates and analyzes in detail the changes and characteristics of the regulation of library exemption in WCT, EU, U.S., Japan, and Australia. After analyzing of the article 28 in current Copyright Act and amended proposal for Copyright Act in Korea, it found the regulation to be inadequate. As a result of the legal analysis, this paper is proposing a revised plan of the article 28 in the Copyright Act of Korea.

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A Study on Medical Information Privacy Protection Law and Regulation in the Information Age (정보화시대의 환자진료정보 보호에 관한 법.제도적 고찰)

  • Youn, Kyung-Il
    • Korea Journal of Hospital Management
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    • v.8 no.2
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    • pp.111-129
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    • 2003
  • This study discusses the direction of legislation to strengthen the legal protection of medical records privacy in information age. The legislation trends on privacy protection of medical records in European Union and United States are analysed and the current law and regulation of Korea on medical records are compared. The issues discussed include the ownership of medical records, the patient's right of access to medical records, medical information publication for other than treatment or insurance processing use, confidentiality responsibility of provider organizations, medical information management in provider organizations, penalty for the unlawful use of patient information. This study concludes that the patients' right on medical record and provider organization's responsibility in processing patient information should be strengthened in order to protect patients' privacy and to conform to the international standard on medical record protection in the information age.

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Legal Regulation and Ways to Overcome Corruption in The Authorities of Public Administration

  • Puzyrnyi, Viacheslav;Liutikova, Margaryta;Butko, Mykola;Lashuk, Oksana;Olyfirenko, Yuliia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.293-299
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    • 2021
  • This study is caused by the urgent need to constantly fight against such a shameful phenomenon of society as corruption, the flourishing of which cannot be overlooked. This phenomenon has many negative manifestations and consequences, undermines the national security of the state, slows down the development of democracy, worsens the state of all spheres of life (economic, political, administrative, etc.), worsens relations with foreign partners, forms tolerance for corruption in the public consciousness. Today, the process of fighting corruption is extremely important for our country, because it depends on the independence, democracy, sustainability of Ukraine. However, there is a complex and ambiguous situation regarding this process, as there is a clear coordination of state policy in the fight against corruption, insufficient and narrow understanding of ways to combat it. There is a lack of efforts by the authorities to overcome corruption challenges and use ineffective means of combating them. Instead, corruption causes great material and moral damage to states as a whole and many of its citizens.

Analysis on the Legal Control Levels and GHS Classification Information Status for Strongly Acidic Hazardous Materials (강산성 유해화학물질의 법적관리 수준 및 GHS 분류정보 제공 실태분석 연구)

  • Lee, Kwon Seob;Jo, Ji Hoon;Park, Jin Woo;Song, Se Wook
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.4
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    • pp.384-392
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    • 2013
  • Objective: This study inspected incident cases, legal control levels, and GHS(Globally Harmonized System of Classification and Labeling of Chemicals) classification results of strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid, which have been responsible for many recent chemical accidents. As a result, it is deemed necessary for legal control levels of these strong acids to be revised and GHS classification be managed nation-wide. Methods: This study inspected incident cases and legal control levels for strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid. The study analyzed and compared chemical information status and GHS classification results. Results: There were 76 domestic incidents involving strongly acidic hazardous materials over the five years between 2007 and 2011. They include 37 leakage incidents(46.7%) within a workplace, 30 leakage incidents(39.5%) during transportation, and nine leakage incidents(13.8%) following an explosion. The strongly acidic materials in question are defined and controlled as toxic chemicals according to the classes of Substances Requiring Preparation for Accidents, Managed Hazardous Substance, Hazardous Chemical(corrosive) as set forth under the Enforcement Decree of the Toxic Chemicals Control Act and Rules on Occupational Safety and Health Standards of Occupational Safety and Health Act. Among them, nitric acid is solely controlled as a class 6 hazardous material, oxidizing liquid, under the Hazardous Chemicals Control Act. The classification results of the EU ECHA(European Chemicals Agency) CLP(Commission Regulation(EC) No. 790/2009 of 10 August 2009, for the purposes of its adaptation to technical and scientific progress, Regulation(EC) No 1272/2008 of the European Parliament and of the Council on classification, labeling and packaging of substances and mixtures) and NIER (National Institute of Environmental Research) are almost identical for the three chemicals, with the exception of sulfuric acid. Much of the classification information of NITE (National Institute of Technology and Evaluation) and KOSHA(Korea Occupational Safety and Health Agency, KOSHA) is the same. NIER provides 12(41.4%) out of 29 classifications, as does KOSHA.

A Study about the efficient Control against the sexual violence in medical area (의사의 성범죄에 대한 최근 의료법 개정법률안 검토)

  • Jeong, Baekeun
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.207-229
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    • 2019
  • It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

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.

Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.