• Title/Summary/Keyword: legal regulation

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Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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A Analysis on the Present State and Character of Game Regulation in Korea (게임 부문 규제 현황 및 특성 분석: 규제개혁위원회 등록 규제에 대한 게임 정책 신뢰에 대한 소고)

  • Choi, Seong Rak
    • Journal of Korea Game Society
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    • v.15 no.2
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    • pp.145-158
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    • 2015
  • There are a lot of game regulations in Korea. Each scholar has invested a game regulation. But there is no research about all the game regulations. All regulations in government should be registered in Regulatory Reform Committee. So, this study researched the all game regulation in Regulatory Reform Committee and found the present state and character of game regulation in Korea. The registered game regulations are only 22. But actually, there are 44 regulations in game field. And according to legal context, there are over 60 regulations in game field. And a lot of game regulations focus on the game addiction and gambling. The differences of regulation would influence the policy trust and government trust. This result would contribute to reform the regulation of game in Korea.

Rethinking Global Convergence in Bank Regulation (은행규제의 세계적 수렴에 대한 고찰)

  • Pak, In-Sop
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.195-262
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    • 2007
  • This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.

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A Comparative Analysis of the Legal Systems of Four Major Countries on Privacy Policy Disclosure (개인정보 처리방침(Privacy Policy) 공개에 관한 주요 4개국 법제 비교분석)

  • Tae Chul Jung;Hun Yeong Kwon
    • Journal of Information Technology Services
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    • v.22 no.6
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    • pp.1-15
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    • 2023
  • This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

A Study on Legal Issues of Small Libraries (작은도서관에 관한 법제적 고찰)

  • Kim, You-Seung
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.3
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    • pp.381-410
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    • 2014
  • This study aims to discuss issues related to small libraries by analyzing laws and municipal ordinances. It conducts an extensive literature review on the history and present conditions of small libraries and explores the characteristics of small libraries as a social movement. Based on the analysis of the Libraries Act, the legal status of small libraries are argued and other related regulation are also discussed. 114 municipal regulations which are related to small libraries are analyzed into five categories including general conditions, related laws, definitions, facilities, and workforce. As a result, the alternative strategies for legal issues on small libraries are provided in the three different aspects.

Legal Definition of Nursing Practice (간호 업무의 법적 정의)

  • Kim, Eui-Sook;Lee, Han-Ju
    • Journal of Korean Academy of Nursing Administration
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    • v.12 no.4
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    • pp.574-586
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    • 2006
  • Purpose: This paper is intended to provide a clauses of scope of nursing practice with nursing act. Method: This was a planning study. The provision of scope of nursing practice is constructed through critical review of literatures and regulations. The validity of the legal definition was tested through expert and staffs in affiliates of Korean Nurses Association review. Result: 'Nursing is an activity that assesses and diagnoses the reaction of an individual, family, and community for health promotion and maintenance, illness prevention and rehabilitation and to provide intervention and evaluate the results. This practices are done through nursing knowledge and skills. The nursing practices include basic nursing services (general hygiene, environment and safety control, emotional and physical comfort, examination and surgery related care, systematic observation and reporting about patients, activity and organ function maintenance), practice of doctor's regimen, consulting and education to patients, reference, collaboration and management with other health personnel, public health activity by regulation. And nursing standards are set by a separate code. Conclusions: The result of this study can be used to offer for nursing act. So, This legal definition will be constantly discussed and extended to reflect actual nursing practice.

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A Brief Review of the Legal Definition of Chemical Accident under the Current Chemical Substances Control Act (화학물질관리법상 화학사고 정의에 관한 소고)

  • Jihoon Park;Seon-Oh Park;Hyojin Park;Hye-Ok Kwon
    • Journal of Environmental Health Sciences
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    • v.49 no.4
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    • pp.179-182
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    • 2023
  • The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

The U.S. Contract Law Defenses in Consumer Arbitration Agreement (소비자중재합의의 미국계약법상 항변)

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.151-171
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    • 2010
  • This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

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A Study on Rainwater Utilization for Environmental Friendly Housing Complex Plan in Korea and Foreign Country (친환경적 단지조성을 위한 국내외 우수이용사례 및 적용방안에 관한 연구)

  • Cho, Kyung-Min;Lee, Tae-Goo
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2003.11a
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    • pp.195-200
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    • 2003
  • The purpose of this study is to establish the rainwater Utilization for the housing complex through the using rainwater, infiltration and detention. This study focused on the following items. 1) Legal basic conditions for the rainwater utilization in Germany 2) Case study on the rainwater management with examples. As the results of this study, it is necessary to implement these rainwater management system in laws, legal norms and technical regulation.

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A Study on Carrier's Liability and Its Legislative Policy of Chinese Maritime Code (중국 해상법의 입법정책과 운송인의 책임에 관한 연구 - 국제해상운송협약과 비교법적으로 -)

  • Hwang, Seok-Kap;Jin, Qiu
    • Journal of the Korean Institute of Navigation
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    • v.21 no.1
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    • pp.89-102
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    • 1997
  • Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

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