• Title/Summary/Keyword: legal regulation

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ISO 26262 and ISO/PAS 21448 as Exemption Clauses of Product Liability (제조물 책임 면책 수단으로서의 ISO 26262와 ISO/PAS 21448)

  • Lee, Seongsoo
    • Journal of IKEEE
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    • v.23 no.1
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    • pp.346-349
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    • 2019
  • Product liability is an important regulation factor in automotive industry. ISO 26262 international standard was established as an exemption clause of product liability. In autonomous car, product liability becomes more important, and ISO/PAS international standard was additionally established, but it can be applied to only sensing stage, which can partly make the autonomous car companies exempt the product liability but not completely. Therefore, reform of current legal system is absolutely necessary to commercialize autonomous car until a new international standard is established as a complete exemptions clause.

Analysis of Facility Standard for Elderly Welfare Facility by Universal Design Principle and Guideline: Focusing on Legal Regulations (유니버설 디자인의 원리와 지침에 의한 노인복지시설 기준 분석: 법률 규정을 중심으로)

  • Kim, Soo-Jung
    • Journal of Industrial Convergence
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    • v.15 no.1
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    • pp.1-7
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    • 2017
  • The purpose of this study is to analyze the facility standards of the elderly welfare facilities applying the seven principles of the universal design. The facility standards of the elderly welfare facilities were limited to the provisions of the "Enforcement Regulation of the Elderly Welfare Act". There are few legal regulations applying the universal design in the construction of the elderly welfare facilities. The facility standards are set only with the minimum requirements such as securing the safety of the user, securing the space area, functional convenience, and risk prevention. However, the contents of the regulations are limited to the minimum standards for functional convenience and safety required for living. In conclusion, in the elderly welfare facilities, the notion of universal design, which considers not only the elderly, but also service providers, employees, and general visitors, should be considered.

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The Ship in the New Saudi Commercial Maritime Law

  • BOUZIR, Saoussen
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.175-182
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    • 2022
  • The new commercial maritime law in the Kingdom came comprehensive and detailed for all topics related to commercial maritime navigation, thus responding to most of the problems that arise in the field, specifically regarding the ship as the focus of the rules of maritime law. This system defines the ship in law, regulates its civil status, determines how to name it, determine its domicile, and the conditions for acquiring Saudi nationality. It also contained a regulation of the rights granted to ships by ownership, as well as their lease and mortgage, the mechanism of attachment to them to settle debts and the rights in kind dependent on them and controlling the rights of third parties on ships and the procedures for forcibly selling them from precautionary seizure and executive seizure and then forced sale in public auction. Until this research was an effort to present a clear picture about the legal system of the ship in the new Saudi commercial maritime system and confirming the extent of the success of the Saudi legislator with the ship system in highlighting the legal frameworks for this facility prepared for maritime navigation.

Regulation System of Amusement Place Business : The Quickening Period of the Game Legislation (유기장업 관리체제 : 게임법제의 태동기 연구)

  • Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.9 no.1
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    • pp.43-54
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    • 2009
  • This paper is written for analyzing the history of the Korean game legislation system. The regulation system of amusement place business that is discussed in this paper was started at the Enforcement Rule of the Amusement Place Act of 1973. It was maintained till 1999 and comes under the quickening period of the current game legislation. The legal regulation of this times was accomplished through the Amusement Place Act, the Amusement Place Business Act and the Public Health Act. The amusement place business was differentiated into the athletics facility business, the amusement facility business and the game proffer business of current legislations. The game proffer business succeeds to the kernel of the regulation system of amusement place business. Therefore, The basis of the current game legislation was constituted in the times of the regulation system of amusement place business. Two cores of the regulation system of amusement place business, (1) the separation of the amusement instrument and the speculation, (2) the regulation of a place of business, are still the important issues of the current game legislation.

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A Study on the Problems and Improvement of Occupational Safety and Health Standards - Focusing on Regulation on Occupational Safety and Health Standards - (산업안전보건기준의 문제점과 개선방안에 관한 연구 - 산업안전보건기준에 관한 규칙을 중심으로 -)

  • Jin-Woo Jung
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.34 no.2
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    • pp.148-155
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    • 2024
  • Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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Some Legal Arguments on the Portal Service Providers' Information Retrieval (포털사업자의 검색서비스에 관한 법률문제)

  • Kim, Yun-Myung
    • Journal of Information Management
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    • v.38 no.3
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    • pp.183-209
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    • 2007
  • The representative example of the business model on internet environment, the business of the Naver, Empas and Google which provides information retrieval service is the internet portal. The portal sites provide information retrieval service which provides users information what they want to find, that is a huge social contribution. The portal site which provides a search service leads much problems. Consequently, the regulation against information retrieval is asserted powerfully in spite of the public interest. Namely, the regulation regarding the search business owner is tried. Finally, portal business owner puts the social responsibility as OSP. But, there is a doubt that portal business owner who has much problem which occurred on the portal site indirectly has responsibility directly. That is duty on portal site owner the censorship on the contents transferred. So, this thesis researches on the social critical opinion relating with a information retrieval from the legal side against the problem of the Internet.

The Improvement Strategy of Spatial Information Security Management System to Promote Spatial Information Industry -Focused on Production, Management, Supply Institutions of Spatial information- (공간정보산업 활성화를 위한 공간정보 보안관리체계의 개선전략 - 공간정보의 생산·관리·보급 기관을 중심으로 -)

  • Jeong, In Hun;Park, Hong Gi;Kim, Young Dan;Choi, Yun Soo
    • Spatial Information Research
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    • v.21 no.6
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    • pp.33-42
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    • 2013
  • In a long-term perspective of development of spatial information industry, security regulation, such as limiting public picture resolution of aerial photographs, needs a rational improvement. However, unplanned deregulation of spatial information could lead problematic results such as national security issues because its present security management system is not established in reasonable manner. The main purpose of this research is to suggest the improvement plan of spatial information security management system to meet the reducing security regulation in accordance with changes of political and economic condition including current national spatial information security polices and spatial information industry. From an analytical standpoint, we examined the overall aspects of legal, operation management, and technical system while we maintained especially integrated perspective of spatial information security management. Followed by investigation of spatial information security issues, as well as its regulation and policies in overseas, rational improvement plan of security management is proposed in the aspects of legal, operation management, and technical system. It is also suggested the three-step improvement plan of reducing regulation of security management system.

A Review on the Legal rights and obligation from the legal status of registered security guard (청원경찰의 법적 지위에 따른 권한과 의무)

  • Han, seung;Kim, yong geun
    • Korean Security Journal
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    • no.44
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    • pp.251-278
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    • 2015
  • Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

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Survey on Regulatory Status of Traditional and Complementary Medicine through Korean Embassies in 33 Countries (33개국 대한민국 재외공관을 통한 전통의학 및 보완대체의학 관련 제도 조사)

  • Park, Yu Lee
    • Journal of Society of Preventive Korean Medicine
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    • v.19 no.1
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    • pp.35-46
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    • 2015
  • Objective : This study aims to investigate legal and regulatory status of traditional and complementary medicine (T&CM) focusing on regulation on health practitioners and health practice in 33 countries. Method : 33 countries were selected based on several factors such as interest of Korean medical doctors, strategic importance, and distribution over the world. The questionnaire was distributed to Korean embassies in 33 countries in March 2014 through Ministry of Foreign Affairs, and the answers from those countries were collected from April to September. 24 countries that provided sufficient information were included in the analysis. Results : 18 countries have law or regulation on T&CM. Only five countries regulate T&CM practitioners as medical personnel or health practitioner by law, and 12 countries have regulation on license or certificate. Half of 24 countries recognize license of T&CM practitioners issued abroad. There are nine countries that recognize T&CM practice as medical practice, and four of them regulate acupuncture as medical practice by western medical doctors or a few health practitioners recognized by the government. There are six countries that do not recognize T&CM practice as medical practice by law, but regulate it as practice that affect public health, and these countries have law or regulation on T&CM. Conclusion : As T&CM have great impact on public health, many countries have recently legislated law or regulation on T&CM. Rapid change in regulatory status of T&CM affects globalization of Korean medicine. Thus, development of timely strategies will be essential for it.