• Title/Summary/Keyword: legal regulations

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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.

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.

Legal Relation of Parties on Transactions in UCITA (UCITA상의 전자정보거래 당사자 간의 법률관계)

  • Oh, Byoung-Cheol
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.29
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    • pp.197-223
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    • 2006
  • Uniform Computer Information Transactions Act (UCITA) is the first legislative attempt in the world that deals with transaction of digital information. This however gave rise to endless controversies and as of February 10, 2003, its life as the uniform law has expired. There are four kinds of relationships that UCITA regulates for the entities involved in information trading namely, 1) Relationship between licenser and licensee 2) The triangle relationship between dealers, end-user and publisher 3) Relationship between information right transferor and transferee 4) Relationship between financier, licenser and licensee. Amongst these, the most significant one is the triangle relationship amongst the publisher, commonly known as the licenser in the mass market, end-user and dealer. At the essence of the relationship is that the dealers is liable to refund the payment for the information regarding the end user if he/she does not agree with the publisher on the license of the common market. Looking at the relationship between license transferor and transferee, the transfer of license may be prohibited but the special contract must be conspicuously carried out. The relationship financier, licenser and licensee is unique to the United States and is rather unfamiliar to us. UCITA has been criticized for preferentially protecting the benefits of licensers especially when it comes to the specific regulations for the relationship. Therefore, it is not advisable to blindly accept UCITA regulations. However, UCITA does have components that we can utilize in formulating our own digital information trade regulations, save its proprietary nature as an American law and its preferential treatment for licensers.

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An Efficient Ways of Improving Regulations on Insider Trading (내부자거래(內部者去來) 규제개선(規制改善)의 효율적(效率的)인 방안(方案))

  • Park Sang-Bong
    • Management & Information Systems Review
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    • v.4
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    • pp.611-629
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    • 2000
  • In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

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A Study on the Comparison of Korea GMP with PIC/S GMP for Enhancing International Competecy of Medicinal Product Quality (의약품의 국제적 품질 경쟁력 확보를 위한 의약품실사상호협력기구(PIC/S)와 한국의 GMP 비교연구)

  • Kim, Jeong Yeon;Kwon, Kyenghee
    • YAKHAK HOEJI
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    • v.57 no.6
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    • pp.432-441
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    • 2013
  • It's been almost 20 years since the adoption of Good Manufacturing Practices (GMP) in Korea since 1994. There have been big progresses in the GMP regulations and its implementations. 'New GMP' in 2008 has adopted validation, pre-approval GMP evaluation, annual quality review, etc.. Upon the submission of PIC/S (Pharmaceutical Inspection Cooperation Scheme) application by Korea's Ministry of Food and Drug Safety in April, 2012, Korea is facing new opportunity to level up Korea GMP regulations. As such, this study suggested GMP revision points by comparing and analyzing the differences between PIC/S GMP and Korea GMP. Those areas which GMP is not required such as radiopharmaceuticals and medical gases should adopt GMP. And independent GMP regulation is needed for Active Pharmaceutical Ingredients and investigational medicinal products. Also, those regulations shall be implemented in the higher level of legal status. Finally, rather than pursuing GMP harmonization only for PIC/S membership, GMP improvement in the long term shall be taken into consideration by reflecting current quality issues such as ICH Q8 (Pharmaceutical development), Q9 (Quality Risk Management) and Q10 (Pharmaceutical Quality System).

The Issues and Requirements of the Establishment of Regulation and Standard for Drone Safety (드론 안전성 관련 법 제도 및 표준 수립을 위한 이슈와 요구 분석)

  • Choi, Bo-yoon;Lee, Byong-gul
    • Journal of Internet Computing and Services
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    • v.22 no.1
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    • pp.79-88
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    • 2021
  • As drone industry increase with the advent of the 4th industrial revolution, yet ensured the safety of a drone crashing and incurring accidents which may result in significant damage to human life and assets. Thus, the authentication of drone safety is very urgent. For this reason, many countries are in need of institutional improvement in the aspect of authentication/legal systems by considering the importance of safety for drone. In this study, the regulations, research, and standards concerning drone safety are compared and analyzed. The analysis results can be used for improving the regulations of drone safety and standardization. The study can be contributed to invigorate drone industry by ensuring drone safety.

The Choice of Applicable Law and the Limitations of Party Autonomy - Focusing on International Sports Arbitration - (중재의 준거법 선택과 당사자 자치의 제한 - 국제스포츠중재를 중심으로 -)

  • Yoo, So-Mi
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.23-46
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    • 2021
  • Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related matters. The CAS Code applies whenever the parties agree to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agreement have decided that the CAS Code should govern their proceedings. The parties' autonomy is, however, limited to the provisions of the CAS Code that provide for such a corresponding autonomy. The application of the mandatory rules contained in the CAS Code cannot be excluded. In CAS appeals arbitration proceedings, the Panel shall decide the dispute according to the applicable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform application and interpretation of the relevant regulations are essential. Therefore, Art. R58 should be applied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also apply the so-called lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into account without the need to further examine the application of national legal standards.

A Comparative Legal Study of Germany, the United Kingdom, Japan and Korea for the Regulations on Special Management Materials (우리나라 산업안전보건법상 특별관리물질 규정에 대한 독일, 영국 및 일본과의 비교법적 고찰)

  • Choi, Sangjun;Phee, Young Gyu;Kim, Shinbum;Kim, Won
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.2
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    • pp.137-147
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    • 2013
  • Objectives: This study was conducted in order to evaluate the limitations of the regulations on the safety and health standards for special management materials(SMM) under the Industrial Safety and Health Act in Korea. Methods: Hazardous chemicals management systems in Germany(Hazardous Substances Ordinance), the UK(Control of Substances Hazardous to Health Regulations), Japan(Ordinance on Prevention of Hazards due to Specified Chemical Substances) and Korea(Regulation of Occupational Safety and Health Standards, ROSHS) were investigated and compared in terms of 14 items. Results: Among the 14 items, we eventually found seven items which should be amended: 1) definition and scope, 2) general duties clause, 3) principles of management, 4) preventive measures, 5) control measures, 6) risk assessment, and 7) record keeping. The principal limitations of Korean regulations in comparison with those of other countries were that there were no preventive measures such as substitution, and no principles of good practices for the control of exposure to SMM. In terms of control measures, there were no regulations on suitable workplace design, reducing the number of exposed workers, reducing the level and duration of exposure, and reducing the quantity of hazardous substances in ROSHS. Conclusions: Based on the results of this study, ROSHS should be complemented with preventive measures and the principles of management related to SMM. According to the suggestions, an employer who deals with SMM should preferably consider the possibility of substitution and perform substitution so far as is reasonably practicable.

A Comparative Study on the Regulations for Landscape Managements of Historic Cities in Korea and Japan (한국과 일본의 역사도시 경관관리법규의 비교 -경주시와 나라시의 사례로-)

  • 정성태;조세환;오휘영
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.3
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    • pp.105-115
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    • 2000
  • The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.

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A Study on Detailed Nondisclosure Criteria for the National Assembly: Focused on National Assembly Information Disclosure Regulations (국회 비공개 대상 정보 세부 기준 연구: 「국회정보공개규정」을 중심으로)

  • Kim, Youseung
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.3
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    • pp.37-53
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    • 2022
  • This study aims to discuss the issues of the detailed criteria of information subject to nondisclosure of the current National Assembly Information Disclosure Regulations and provide alternative strategies for the issues. As a theoretical study, the relevant previous studies were analyzed, the history of the National Assembly Information Disclosure Regulations was summarized, and the legal and institutional concept of the detailed criteria was discussed. Subsequently, the detailed criteria were analyzed in three aspects, namely, composition, operation, and content. For this analysis, opinions were collected by conducting interviews with five experts related to information disclosure at the National Assembly. In conclusion, the study provides alternative strategies, including a comprehensive revision of the National Assembly Information Disclosure Regulations, the necessity of revising detailed criteria, and the formation of a temporary specialized organization for revising detailed criteria.