• Title/Summary/Keyword: legal regulation

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A Comparative Study ISO 45001 and the Safety and Health Management System under the Serious Accident Punishment Act (ISO 45001과 중대재해처벌법상 안전보건관리체계에 대한 비교 연구)

  • Young-Gwan, Kim;Jin-Woo, Jung
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.4
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    • pp.393-401
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    • 2022
  • Objectives: OHSMS, which was introduced by Serious Accident Punishment Act as a means for safety and health management at work place, but it is not effective according to recent statistical data. Therefore, I intend to compare the OHSMS regulations of SAPA based on ISO 45001, the international standard of OHSMS, and examine the differences and problems. Methods: The OHSMS regulation of Serious Accident Punishment Act was compared and analyzed using the content standard of ISO 45001, the international standard of OHSMS. The construction and operation aspects and differences in key concept definitions of OHSMS were analyzed in depth. Results: ISO 45001 aims to provide OHSMS with an autonomous framework to manage risks and opportunities in safety and health management, whereas Serious Accident Punishment Act aims for safety and health management through an interest and effort in safety and health management on the premise of legal responsibilities of corporations and CEO. As a result, comparing to ISO 45001 in construction and operation aspects and differences in key concept definitions of OHSMS, the OHSMS of Serious Accident Punishment Act do not cover the entire business in concept definition and construction. Conclusions: In order for Serious Accident Punishment Act to achieve its original purpose of preventing serious accidents through systemic safety and health management, it is necessary to correctly understand the contents of ISO 45001 and to revise the OHSMS regulations in a direction that can ensure predictability and feasibility.

Development of flood hazard and risk maps in Bosnia and Herzegovina, key study of the Zujevina River

  • Emina, Hadzic;Giuseppe Tito, Aronica;Hata, Milisic;Suvada, Suvalija;Slobodanka, Kljucanin;Ammar, Saric;Suada, Sulejmanovic;Fehad, Mujic
    • Coupled systems mechanics
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    • v.11 no.6
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    • pp.505-524
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    • 2022
  • Floods represent extreme hydrological phenomena that affect populations, environment, social, political, and ecological systems. After the catastrophic floods that have hit Europe and the World in recent decades, the flood problem has become more current. At the EU level, a legal framework has been put in place with the entry into force of Directive 2007/60/EC on Flood Risk Assessment and Management (Flood Directive). Two years after the entry into force of the Floods Directive, Bosnia and Herzegovina (B&H), has adopted a Regulation on the types and content of water protection plans, which takes key steps and activities under the Floods Directive. The "Methodology for developing flood hazard and risk maps" (Methodology) was developed for the territory of Bosnia and Herzegovina, following the methodology used in the majority of EU member states, but with certain modifications to the country's characteristics. Accordingly, activities for the preparation of the Preliminary Flood Risk Assessment for each river basin district were completed in 2015 for the territory of Bosnia and Herzegovina. Activities on the production of hazard maps and flood risk maps are in progress. The results of probable climate change impact model forecasts should be included in the preparation of the Flood Risk Management Plans, which is the subsequent phase of implementing the Flood Directive. By the foregoing, the paper will give an example of the development of the hydrodynamic model of the Zujevina River, as well as the development of hazard and risk maps. Hazard and risk maps have been prepared for medium probability floods of 1/100 as well as for high probability floods of 1/20. The results of LiDAR (Light Detection and Ranging) recording were used to create a digital terrain model (DMR). It was noticed that there are big differences between the flood maps obtained by recording LiDAR techniques in relation to the previous flood maps obtained using georeferenced topographic maps. Particular attention is given to explaining the Methodology applied in Bosnia and Herzegovina.

A Study on the Analysis of Nurses' Perception of the Fourth Industrial Revolution and the Importance and Performance of Future Core Nursing Competencies in a Tertiary Hospital (일 상급종합병원 간호사의 4차 산업혁명에 대한 인식 및 미래핵심간호역량 중요도-실행도 분석)

  • Kwon, Chi Hye;Kim, Mi Soon
    • Journal of Korean Clinical Nursing Research
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    • v.29 no.1
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    • pp.95-106
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    • 2023
  • Purpose: This study is descriptive survey research on the analysis of nurses' perception of the 4th industrial revolution and the importance and performance of future core nursing competencies in a tertiary hospital located in Seoul. Methods: Data were collected from 149 nurses with more than a year of work experience and analyzed using descriptive statistics, t-test, one-way ANOVA, and Importance Performance Analysis(IPA) with the IBM SPSS/WIN 25.0 program. Results: The nurses' perception of the 4th industrial revolution was 3.23±0.71 out of 5 points. The importance of future core nursing competencies was 4.31±0.48, and the performance of it was 3.47±0.54. The analysis results of IPA showed that A (area of continuous maintenance) included critical thinking, problem-solving skills, teamwork and collaboration, evidence-based practice, communication, quality improvement and safety, professionalism, self-regulation and self-management, and personal literacy. The specific competencies were not included in B (area of priority improvement). Creativity, informatics, healthcare policy, leadership, research ability, and continuing education were included in C (area of progressive improvement). Knowledge and patient-centered care, ability to manage resources as well as professional, legal, and ethical responsibility were included in D (area of overinvestment). Conclusion: The nurses seemed not to be fully prepared for the 4th industrial revolution. However, they were well aware of the importance of the future core nursing competencies. Therefore, if nurses increase the performance of core competencies in order of priority according to the IPA results, they will be able to independently lead the changing nursing field.

Game Theoretical Analysis of Economic Gab-Jil (경제적 갑질에 대한 게임이론적 분석)

  • Yang, Chae-Yeol
    • Korean small business review
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    • v.41 no.3
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    • pp.95-106
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    • 2019
  • The Economic Gab-Jil, where the stronger are forcing the weaker to sacrifice, is not only a serious social problem, but also it exhausts the vitality of the national economy. Especially, the issue of 'cost reduction (CR) of delivery price' in automobile industry, and the issue of 'tolls' and 'retaliating' in the franchise business are becoming more controversial. This paper suggests some measures to rectify the problems by an analysis using a game-theoretic model. One of the ways to change the 'bad equilibrium', where economic Gab-Jil is prevalent, to the 'good equiblium' is to strengthen the bargaining power of the weak by legal and institutional measures. It is also a more market-friendly system that is self-enforcing, where the regulation is automatically enforced by the incentives of the participants, without relying solely on the enforcement power of regulatory or supervisory bodies

A Study on the Ways to Joint Marine Development and Joint Marine Environmental Protection in Northeast Asia (동북아 해역 권원중첩수역 공동개발합의와 공동환경보호합의 도출 방안)

  • Kim, Ki-Sun
    • Strategy21
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    • s.37
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    • pp.193-241
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    • 2015
  • China, Japan and Korea are the world's top 10 energy consumers, and so very interested in the development of seabed hydrocarbon resources in order to meet their energy demands. The East China Sea is the tri-junction area where three countries' entitlements on the maritime boundaries are overlapped. There are abundant oil reserves in the East China Sea, and therefore competitions among countries are growing to get control of them. Although these countries have concluded the bilateral agreements to jointly develop resources in the East China Sea, they do not function as well. Because joint development and management of seabed petroleum resources can lead to stable development system, and to lower possibility of legal and political disputes, the needs for joint development agreement among three countries are urgent. Meanwhile, Northeast Asian seas are semi-closed seas, which are geographically closed and vulnerable to marine pollution. Moreover there are a lot of nuclear power plants in coastal area, and seabed petroleum resources are being developed. So it is likely to occur nuclear and oil spill accidents. Fukushima nuclear disaster and Bohai Bay oil spill accident in 2011 are the cases to exhibit the potential of major marine pollution accidents in this area. It is anticipated that the risks become higher because power plants and offshore oil platforms are extending gradually. Therefore, the ways to seek the joint marine environmental protection agreement focused on regulation of nuclear power plant and offshore oil platform have to be considered. In this paper, we try to find the way to make joint development and joint environmental protection agreement in Northeast Asian seas. We concentrate on the measure to drive joint development of seabed petroleum deposits in East China Sea's overlap area, despite of maritime delimitation and territorial disputes, and we try to drive joint marine environmental protection system to respond to marine pollution and accidents due to offshore oil platform and nuclear power plants. Through these consideration, we seek solutions to deal with lack of energy, disputes of maritime territorial and boundary delimitation, and marine pollution in Northeast Asia.

The Impact of Employee's Attributes on Corporate Pension Insurance Products Preference (기업연금보험상품 선호도에 대한 종업원 속성의 영향)

  • Joo, Heon
    • The Korean Journal of Franchise Management
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    • v.7 no.2
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    • pp.27-35
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    • 2016
  • Purpose - The primary objective of this study is to investigate the impact of employee characteristics on employees' preference towards corporate pension products. This study can provide a guidance for maximization of benefits for employees and their affiliated corporation. Employee characteristics include average length of labour, wage system of annual salary, age, types of interest rates and size of corporation. Existing research generally concentrate on vitalizations of corporate pension product raising an imperfection, improvements, tax benefit analysis and legal consideration. Thus, this study intensively analyses the effect of employee attributes on firms' decision for corporate pension products, such as DB(defined benefit) and DC(defined contribution) type. Research design, data, and methodology - The data were collected using self-administrated questionnaire survey on corporate pension products from CEOs or HR directors 250 foreign-invested companies', purchasing pension plans in practice with domestic financial trustees (insurance companies, banks and security companies). Hypotheses testing was conducted using Logistic Regression analysis with SPSS/PC+ 21.0. Results - The findings of the study are as follows. Employees with the long length of labour are more likely to have DB plan; more likely to prefer DC plan with the dividend distribution product regarding the types of interest rate. SMEs(less than 100 employees) are more likely to select DC plan whereas high fluctuation in wage with annual salary has no impacts. In addition, the ages has no significant effect on the preference. Conclusions - This study has examined with the empirical testing that employees' variable attributes and qualities are one of the vital factors for corporation pension plan selection. Currently, majority employees are highly likely to join DB plan and Defined interest types. Corporation with less than 10 employees prefer IRP scheme while most of corporation are intended to join DC plan. In a very near future, corporation more than 300 employees will be required to purchase mandatory plan under national regulation. For maximization of employees' contentment to corporation pension insurance and for complementing the flaws of existing plans, the future studies shall also research in a perspective of employee benefit.

Major Medical Issues and Interests in the Joseon Dynasty - Focusing on Enforcement Laws (조선시대 주요 의료 관련 쟁점과 관심사 - 시행법령을 중심으로)

  • PARK Hun-pyeong
    • The Journal of Korean Medical History
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    • v.36 no.1
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    • pp.31-50
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    • 2023
  • Through this paper, all the provisions of the enforcement statutes stipulated in the Joseon's law code were investigated and major medical issues and interests in the Joseon Dynasty were analyzed. The characteristics of each period reviewed in the text are as follows. The early Joseon Dynasty is divided into three periods. First of all, Joseon filled the gap in the law with the active acceptance of the Ming Dynasty's law code, Daemyeongrul, which conformed to Confucian virtue. Next, the completion of Gyeonggukdaejeon was an opportunity to prepare the basis for Joseon's medical laws. Lastly, from the late 15th century to the 16th century, the existing medicine promotion measures and emphasis on hyangyak(domestic herb) continued. it can be said that Joseon's politicians needed a medical policy based on Confucian virtues and maintained state-led promotion policies, but on the other hand, there was no other alternative to try newly by reflecting the limitations and failures of the policy. The late Joseon Dynasty is also divided into three periods. First of all, the period from the late 16th century to the early 18th century was marked by the growth of families in technical positions. The era of King Yeongjo can be said to be the period of reorganization of medical related laws. Finally, the period after the late 18th century is a period of passive regulation and supplementation. Lastly, the revision of the actual medical law was not made or reflected in era of King Jeongjo. In the case of the early Joseon Dynasty, the policy shifted from state-led to families in technical positions. However, in the 19th century, the weakening of the royal authority led to the weakening of the overall administrative system of the country, and the pharmaceutical policy had to be limited.

A Research on Improvement Measures for Safety Management of Aviation Cosmic Radiation (항공부문 우주방사선의 안전관리 적용을 위한 개선연구)

  • Choi, Sung-Ho;Lee, Jin;Kim, Hyo-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.215-236
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    • 2016
  • This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

Recast of the EU patent law system and its Lessons (유럽연합 특허시스템의 대대적 변혁과 그 교훈)

  • Kim, Yong-Jin
    • Journal of Legislation Research
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    • no.54
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    • pp.303-343
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    • 2018
  • In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

Legal Status of Space Weaponization (우주공간에서의 무기배치와 사용의 법적 지위)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.247-276
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    • 2017
  • The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

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