• 제목/요약/키워드: legal regulation

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A Case Note on the Medical Negligence of Traditional Chinese Herbal Medicine in the UK

  • Lee, Hai Woong
    • 대한예방한의학회지
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    • 제18권3호
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    • pp.105-115
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    • 2014
  • Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is taken as complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In the UK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners using herbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these days because patients who take TCM service are increasing by year. Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however, it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legal management and the resolving principle in the alternative medicine practice with some cases of Korean Medicine (KM) being discussed. Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breach of that duty by negligence, and the harm to the patient from that breach of duty. The judge followed this procedure In this case to discuss the claims. The department of health proposed to introduce regulation to provide the reasonable quality in TCM practice, and the governmental system would be essential to regulate both the TCM practice and practitioners. Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for the clinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventional negligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-date information on the related medical specialty. The reasoning is almost the same as that shown in the court case of Korea. The TCHM practice in the UK needs to be under the regulation by the government. The standard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare and social viewpoints.

우주법(宇宙法)의 최근동향(最近動向) (Recent Developments in Space Law)

  • 최준선
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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기업의 사회적 책임활동이 기업 이미지 형성과 기업 성과에 미치는 영향에 관한 연구: 공유가치창출 인지정도에 따른 차이비교 (The Effect of Corporate Social Responsibility on Corporate Image and Corporate Performance)

  • 이돈곤;이명진
    • 유통과학연구
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    • 제12권9호
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    • pp.101-112
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    • 2014
  • Purpose - Recently, although corporate social responsibility activities have been increasing in size, they do not have to achieve qualitative improvements and can be passive and cost consuming. Therefore, companies should make quantitative as well as qualitative improvements in their efforts in corporate social responsibility activities. In this study, the classification of social responsibility activities in a variety of studies was analyzed through a more specific path than in previous studies. Corporate behavior image, social behavior image, and corporate contributions image were analyzed through a more detailed analysis of performance. This study suggests that more detailed and concentrated social responsibility activities be pursued by forming companies. Research design, data, and methodology - The purpose of study is to gauge the corporate need for a more intensive, specific area of CSR activities. For this purpose, the sample of consumers that were targeted for CSR activities, recognized as 261 persons, have been investigated. Through a theoretical discussion on previous research, nine hypotheses were established on corporate image, the influence of corporate performance on CSR, and the CSV regulation effect. In order to test the hypothesis, a survey was conducted on 261 male and female consumers who were targeted for CSR, being persons in their 20s to 40s. PASW Statistics 18.0 and AMOS 18.0 were used for statistical analysis. Results - Corporate behavior image was formed through legal responsibility activities and economic responsibility activities. In addition to economic responsibilities, ethical responsibilities and environmental responsibilities were confirmed to have influence on social behavior image. Corporate social responsibility and philanthropic responsibility were confirmed to have influence on economic contribution image. Corporate image has positive effects on brand attitude, corporate reputation, and corporate competition. In addition, when CSV awareness is high, consumers perceive corporate image only through economic responsibility. However, when CSV awareness is low, economic responsibility as well as legal responsibility through charitable activities form the corporate image that influences the brand attitude and corporate reputation, as well as corporate competitiveness. It would appear that the area of corporate social responsibility needs more intensive management for corporate image and corporate competitive advantage. Conclusion - First, the findings of this study show that each CSR activity has a different effect on corporate image and thus, the corporate image influences corporate performance in distinct ways, depending on the CSR activity. This implies that reactive strategies should be tailored to the required image. Second, there is a difference in CSV awareness between groups. When the CSV awareness is low, we can confirm that legal responsibility activities have an especially significant effect on corporate image, implying that corporations should pursue their economic objectives within legal regulations and need to invest significant time and effort for this. This study has limited generalization potential because the result of the model fit has insufficient reference value. In future research, we need to approach various dimensions of corporate performance.

식품용 가스 및 수분 제거 활성포장 사용 및 법정 규정에 대한 현황 (Current Status of Legal Regulations Regarding Gas- and Moisture-removing Active Packaging for Food: A Review)

  • 김도완;오제민;이순호;김현아;황정분;고성혁
    • 한국포장학회지
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    • 제28권1호
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    • pp.31-38
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    • 2022
  • 안전한 식품, 긴 보관 수명과 좋은 품질을 보유한 식품에 대한 소비자의 요구가 증가하고 있으며, 이에 대응하여 활성포장의 상용화와 개발이 증가하고 있다. 본 총설에서는 산소제거제, 수분제거제, 이산화탄소제거제 및 에틸렌제거제의 정의, 사용되고 있는 활성포장의 구조, 활성물질과 구동 메커니즘, 적용 식품 분야와 잠재적 효과 및 활성포장 관리 규정 등에 대하여 조사하였다. 국내 상용화 현황을 보면 활성물질을 다공성 또는 타공 구조를 가진 파우치에 넣은 다음, 식품포장에 적용하는 사쉐형 활성포장이 주로 적용되고 있음을 확인하였다. 이러한 다양한 종류의 활성포장이 식품포장에 널리 사용되고 있음에도 불구하고, 유럽에 비해 국내에서는 소비자의 건강과 식품의 안전에 영향을 줄 수 있는 활성포장과 활성물질에 대한 정의, 관리, 안전성 평가 및 사용 등에 대한 구체적인 관리 규정과 안전성 평가방법에 대한 구축은 미비함을 확인하였다. 식품은 건조식품, 액상식품, 고 수분함유 식품 등 종류가 다양하고 각 식품의 품질에 영향을 미치는 화학적, 물리적, 생물학적 요인 및 보관조건 등도 다양하다. 활성포장에 사용되는 활성물질이 식품으로 전이되면, 식품 성분과 화학적/물리적으로 상호작용하여 품질과 안전에 부정적인 영향을 야기할 가능성이 있다. 따라서, 활성포장의 최적 성능을 구현하기 위해서는 식품 맞춤형으로 설계하는 것이 필요하며 활성포장과 활성물질에 대한 관리 규정 및 안전성 평가방법도 식품 종류와 활성포장의 종류에 따라 세분화하여 정립하는 것 또한 필요하다고 사료된다.

The Use of "Particular Market Situation" Provision and its Implications for Regulation of Antidumping

  • Yun, Mikyung
    • East Asian Economic Review
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    • 제21권3호
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    • pp.231-257
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    • 2017
  • The particular market situation provision of the WTO Antidumping Agreement is increasingly invoked against what may be described as "input-dumping," but this potentially violates the current Antidumping Agreement rules. This paper examines the practice and recent changes regarding the PMS provision in the US by critically examining relevant antidumping investigations in the US in light of GATT/WTO jurisprudence. Such US practice has not yet been extensively subjected to scholarly examination. The paper finds that the recent legal change in the US widens the scope and applicability of the PMS provision to cover input subsidies, allowing the use of not only surrogate prices but also surrogate costs. Further, the required standard of evidence to find PMS seems to have been diminished in the recent application. A widespread use of the PMS provision in such a deviant way calls for a fundamental review of the current trade remedy rules of the WTO.

Arc 용접시 Fume 발생량 평가에 관한 연구 (A Study on the Evaluation of Welding Fume Generated during Arc Welding)

  • 채현병;김정한;김희남
    • 한국안전학회지
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    • 제13권2호
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    • pp.65-75
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    • 1998
  • The cases of welders illness by welding fume generated during arc welding are recently reported, which makes the legal regulation in the welding work place. Also, this situation makes the employers and welders be concerned about the welding fume seriously. At this point of time it is necessary that a standard testing method is developed as a fundamental tool for the evaluation of Fume Generation Rate(FGR) required for making progress in the development of low fume electrodes and welding process technology and also constructing the ventilation system in welding area. However, the current standard(KS D 0062) is only applicable to the manual covered electrode arc welding. In this study the evaluation procedure for the FGR is established by developing the fume collection chamber which can be applicable to semiautomatic and automatic arc welding as well as manual arc welding. This evaluation system and procedure can be used as a tool not only to develop the low fume welding electrode and welding process technology but also to construct the equipment controlling the welding workshop atmosphere.

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Environment of Doing Business in East Asia : South Korean Experience

  • Malek, Jihene
    • 산경연구논집
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    • 제7권1호
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    • pp.19-25
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    • 2016
  • Purpose - The purpose of this paper is to aim to stress the importance of doing business environment in South Korean economy. The theoretical justification is based on neo-institutional theories and new business management including Porter's Model as main justifications of state intervention due to the market failures to promote a competitive environment of doing business. Research design, data and methodology - The methods to be taken is to provide a comparative performance analysis, and offer in terms of doing business and economic freedom sub-index complemented by Korean reforms diagnostics. Results - The main results underlined the key factors explain the success of business environment in South Korea such as: a simplified registration procedures, a target tax incentives, the removal of business barriers, the improvement of legislative and regulatory framework, target reforms, property right and technical norms, good governance and the quality of institution, a role of a well-functioning legal framework, a strong competition framework, and the transparency of regulation, etc. Conclusion - A competitive environment of doing business is based on the target national strategies, appropriate reforms responding to national needs and good governance system.

중소도시 교통사고의 실태분석과 교통경찰의 대응전략 - 안동시를 중심으로 (The characteristics of traffic accidents and Its Counter-measures in Small-Medium City - With the case of Andong City -)

  • 박동균;이상광
    • 시큐리티연구
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    • 제7호
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    • pp.155-189
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    • 2004
  • The mission of the police as described by law is to guard the life, body and property of all citizens. Such duties should be accurately performed based on legal and democratic procedures because the works of the police are directively influencing the overall lives of the citizens by restricting their freedom. We are frequently watching the traffic police on the street or road. Traffic policing aims to reduce crime and the opportunities for criminal activity in relation to the use of roads, that is to improve road user behavior in order to reduce accidents. The characteristics of traffic accident change is not similar in each traffic condition. The purpose of this study is to analysis a type characteristics of traffic accident change, such as number of deaths and wounded persons by the time, the vehicle, the type the road, the age group. Based on the characteristics of traffic accident change, traffic accident countermeasures are proposed, in which some variable of traffic policies such as traffic facilities, traffic regulation, and traffic safety education.

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토양 및 지하수 보전을 위한 토양관리 및 대책방안 (Management Strategy for Soil and Groundwater Conservation)

  • 김경숙;정재춘
    • 한국지하수토양환경학회:학술대회논문집
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    • 한국지하수토양환경학회 1998년도 공동 심포지엄 및 추계학술발표회
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    • pp.221-224
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    • 1998
  • Environmental pollution is continuously increasing with the economic growth and industrial development. With this trend, soil and groundwater pollution problem has been surfaced as important social issues. Recently, Korean government promulgated the Soil Environment Conservation Act. But there are many problems to control sound soil quality management. Anthropogenic source of pollution such as waste landfill, pesticides, fertilizer, underground storage oil tanks is important as well as natural source such as acid rain and forest fire. The regulation should be expanded to include groundwater preservation as well as soil quality, because soil pollution is closely related to groundwater pollution. Therefore, legal regulations must be expanded to these facilities and take into account technical feasibility and finance.

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Online ADR for the E-Commerce? European Union's ADR Legislation for Cross-Border Online Trade

  • Chung, Ha-Sung
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.135-154
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    • 2015
  • The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.