• Title/Summary/Keyword: legal regulation

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A Legal Approach for Preservation and Management of Natural Landscape (자연경관 보존 및 관리를 위한 제도적 접근)

  • Lee, Sang-Moon;Choi, Hyung-Seok;Park, Chang-Sug;Joo, Shin-Ha;Shin, Ji-Hoon
    • Journal of Korean Society of Rural Planning
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    • v.13 no.3
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    • pp.23-32
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    • 2007
  • In Korea, a regulation of visual impact evaluation on development plan in natural environment is provided at the Natural Environment Conservation Act, but it was difficult to obtained the effectiveness enough to conserve natural landscape. So, the visual impact review on development plan is introduced to the act, through the revision of the Natural Environment Conservation Act in 2005. The basic directions of visual impact review are preservation, restoration, view protection, and harmony. The items of review are as follows; (1) development alternations for the provided plan, (2) executive reduction plan of visual impacts including consideration of growth of plants, (3) deliberation process between persons or parties concerned, etc. For rapid settlement of visual impact review system, it needs that the validity, the reliability, and the objectivity should be confirmed through steady research about reasonable guidance of review.

A Study on Problems of Certification System in International Electronic Commerce (전자무역(電子貿易)에서 제도상(制度上) 인증(認證)시스템의 문제점(問題點)에 관한 고찰(考察))

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.291-320
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    • 2004
  • Electronic transaction using electronic documents be carried without direct person to person meeting, there is the possibility to use other's identity illegally without notice and to verity authenticity of transaction. It is very hard to find out that the electronic documents on the process of submitting is forged documents or not and also has much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic transactions, certification system with cryptography skill are inevitably necessary. Also there is needed legal base in the electronic document as functional equivalent of the paper document. Recently there are so many commercial certification service provider(CPS) such as Identrus, Bolero, TEDI but their establishment of CPS, certification process, guideline and so on are different each CPS. Therefore, this kind of situation can make user confuse. To introduce and develop the electronic certification in the international electronic commerce not domestic electronic commerce, it need to authorize and operate certification authority under the uniform regulation base. But, because the laws and guidelines that related to electronic certification system are different among the nations and international organizations, it need to compare laws and guidelines. In conclusion, the most important thing to resolve problems surrounded certification and develope certification system in the international electronic commerce make uniform rule of international electronic certification to recognize internationally from each nation or at least, need to harmony laws and guideline in each nations.

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Key Recommendations for MPA Management in Korea (우리나라 해양보호구역의 효과적 관리를 위한 정책 제안)

  • Chae, Dong-Ryul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.3
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    • pp.207-212
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    • 2012
  • The purpose of this paper is to overview Korean MPA, to figure out the problems of current system and to give policy suggestions for effective management for Korean MPAs. Results show that different types of MPAs are established based on different legislations but there is no effective control system for integrated management. In addition, Korean government can not use the function of MPAs due to the insufficient regulation for harmful activities within MPAs. Finally, this paper recommends four policy suggestions for effective management of Korean MPAs; legal requirements of MPA designation, establishment of national authority for MPA management, application of no-take MPAs for fisheries management and establishment of MPA network.

A Study on Fisheries Management and Regulation of Fishing Area Disputes in Korean Coastal Waters (어업관리와 조업분쟁 조정에 관한 고찰 -연안어선어업의 조업구역을 중심으로-)

  • 이광남;윤동한
    • The Journal of Fisheries Business Administration
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    • v.28 no.1
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    • pp.1-26
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    • 1997
  • The Proposal of this paper is to draw up solution about fishing disputes in Korea coastal waters. Small fishing vessels under 8 metric tons which is regulated by the provincial governors, must operate within provincial boundary on the sea as in fishery policy of Korea. on this, I think that the present situations of fishing disputes have related to the fishing license system. Problem of this kind, Before 1970's, fishing disputes rarely took place, and it, if any, did not bring any social conflicts or disputes. Since 1980's, some of fishing disputes have been reported within fisheries society Recently, The disputes have been increasing to become social conflicts between local people concerned and have evoked an argument on whether the provincial boundary on the sea exists. If such disputes continues to increases or remains unsolved, they will bring a tremendous social cost such as an accelerated decrease in fish resources, degradation of fishing grounds, disorder in fishing, destruction of fisheries culture and so on. The reasons for the growing disputes can be specified as fellows : the degradation of fish resources, the present fishing license system which inherently causes competitions in fish catching, irrational ceiling system of fishing vessels, legal problem on existing boundary between neighbouring two provinces, the functional problem of national or regional fishery coordination committee which has been established to coordinate general fishing disputes. This study has also dealt with Japan's experiences in fishing disputes which has the history of more than a hundred years and its coordinating mechanism. In the discussion section, some possible solutions have been briefly touched fer further study.

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A Review on Limit of Liabilities of Multimodal Transport Operator in Korea (복합운송인의 책임제한 방식과 한도액)

  • SUR, Ji-Min
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.145-168
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    • 2018
  • The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.

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A Survey on the Laws and Regulations of Musculoskeletal Disorders in Various Countries (국가별 근골격계질환 관련법 및 규정 고찰)

  • Kee, Do-Hyung;Jung, Hwa-Shik;Park, Jae-Hee;Lee, In-Seok
    • Journal of the Korea Safety Management & Science
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    • v.11 no.2
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    • pp.69-75
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    • 2009
  • This paper was proposed to show the comprehensive review of laws and regulations on the musculoskeletal disorders (MSDs) that are being established and carried out in various countries. Ten countries including USA, Canada, Australia, Japan, and 6 European countries which were regarded as the leaders in the prevention of MSDs were selected for review. Comparative analysis were performed on the laws, regulations, and guidelines of MSDs among different countries. The purpose of this study was to investigate the status of the various efforts of the advanced countries concerning on preventing MSDs and suggest the improvement factors that might be introducible to Korean policies. Some recommendations were made to improve the appropriateness and efficiency of our MSDs prevention policies based on the comprehensive review and comparative analysis. It is expected that the results of this study would be used as valuable information when revising relevant legal system.

Solid Waste from Swine Wastewater as a Fuel Source for Heat Production

  • Park, Myung-Ho;Kumar, Sanjay;Ra, ChangSix
    • Asian-Australasian Journal of Animal Sciences
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    • v.25 no.11
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    • pp.1627-1633
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    • 2012
  • This study was to evaluate the feasibility of recycling the solids separated from swine wastewater treatment process as a fuel source for heat production and to provide a data set on the gas emissions and combustion properties. Also, in this study, the heavy metals in ash content were analyzed for its possible use as a fertilizer. Proximate analysis of the solid recovered from the swine wastewater after flocculation with organic polymer showed high calorific (5,330.50 kcal/kg) and low moisture (15.38%) content, indicating that the solid separated from swine wastewater can be used as an alternative fuel source. CO and NOx emissions were found to increase with increasing temperature. Combustion efficiency of the solids was found to be stable (95 to 98%) with varied temperatures. Thermogravimetry (TG) and differential thermal analysis (DTA) showed five thermal effects (four exothermic and one endothermic), and these effects were distinguished in three stages, water evaporation, heterogeneous combustion of hydrocarbons and decomposition reaction. Based on the calorific value and combustion stability results, solid separated from swine manure can be used as an alternative source of fuel, however further research is still warranted regarding regulation of CO and NOx emissions. Furthermore, the heavy metal content in ash was below the legal limits required for its usage as fertilizer.

A Study on Drone's Liability on Flight in South Korea

  • Kwak, Young-Am
    • Journal of Distribution Science
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    • v.14 no.3
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    • pp.5-10
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    • 2016
  • Purpose - This paper analyzed the accident of drone and related insurance goods which can be coverable with regard to drone accident. The study range is limited in the owner's care, custody, and the control of drone in South Korea, but military area and law and regulation of the drone would be exceptional. Research design, data, and methodology - With regard to drone's flight, drone can make possible risks and can give severe damage to the people. To carry out this research, literature survey and review such as journal, thesis and publications were adopted. Results - As for the insurance coverage from drone's accident involved in the purpose of business, insurance coverage depends on 'commercial general liability insurance'. However, in case of personal hobby including leasure intention, insurance coverage depends on 'living liability insurance'. Conclusions - From a drone's accident, operator and owner of the drone may face the property damage to the drone itself, and then can give severe damage or loss to the people such as physical injuries and property damage. Peoples should be concerned about having the awareness of drone's accident with insurance coverage.

Do Retail Regulations Protect Traditional Markets as Well as Independent Stores in Korea?

  • Cho, Young-Sang;Chung, Lak-Chae;Park, Jong-Ho
    • Journal of Distribution Science
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    • v.12 no.9
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    • pp.5-13
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    • 2014
  • Purpose -This study is to measure the effects of retail legislations on small retailers and traditional markets. Research Design, Data, and Methodology - The authors have developed a questionnaire with five hypotheses on the basis of previous research results and six constructs: the improvement of sales volume, the number of customers, the improvement of store traffic, the increase of store staff, business expansion and retail regulation. Furthermore, the research has adopted a five-point Likert-scale technique. In order to increase research reliability as well as validity, the authors have adopted a few different research techniques such as exploratory factor analysis (EFA) and confirmatory factor analysis (CFA). Results - Although existing retail regulations might be better than nothing for now, the degree of retail constraints on large retailers should be strengthened. Furthermore, different legal methods to protect mom and pops are needed. Conclusions - In order to improve the effects of retail restrictions on large retailers, the research indicates that the central government should change a retail policy, that is, introduce new technical ways to keep mom and pops and conventional markets.

Quality of Corporate Governance: A Review from the Literature

  • Rahman, Md. Musfiqur;Khatun, Naima
    • The Journal of Asian Finance, Economics and Business
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    • v.4 no.1
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    • pp.59-66
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    • 2017
  • The purpose of this paper is to review the quality of corporate governance from the prior empirical literature. This study finds that most of the researchers developed the self structured corporate governance index and few researchers used the corporate governance index provided by rating agencies. This study also finds that there is no uniform basis to measure the corporate governance quality and observed the variation in terms of overall and individual attributes of corporate governance; sub-indices of corporate governance; scoring system; weighted and un-weighted method; statistical method; time period; financial and non financial companies; code of corporate governance; listing requirement; disclosure practices; legal environment; firms characteristics; and country perspective. This study also observed that overall corporate governance quality is very low in most of the studies and even quality of corporate governance varies in the firms within the same country. This study recommends that the boundary of corporate governance quality should be defined based on the agreed set of rules and regulation, code of governance and practices. This study also suggests that the regulator and policy makers should more emphasize on code of corporate governance and regulatory framework and monitoring to improve the quality of corporate governance.