• Title/Summary/Keyword: legal regulations

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The Legal System for the Independent Practice of Physical Therapy (물리치료원 독립 개원을 위한 제도적 장치)

  • Bae Sung-Soo;Kim Dae-Young;Nam Sung-Woo;Park Hwan-Jin;Jeon Jae-Kyun
    • The Journal of Korean Physical Therapy
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    • v.10 no.1
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    • pp.253-263
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    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

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우리나라 토양오염부지관련 정보관리체계의 문제점 - 법ㆍ제도를 중심으로 -

  • 황상일;이양희
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2004.04a
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    • pp.5-11
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    • 2004
  • The objectives of this study is to find problems in the legal and institutional background on our information system for soil contaminated sites. To achieve this abjective, we compared our system with those of federal and New Jersey state governments of the United States. We found that we have no comprehensive guideline on how various information from the contaminated sites should be manipulated. In our system, some regulations on information management were found only in a few prescriptions on detection, detailed investigation, and remediation phases. However, we found that provisions, detailed procedures, and related guidelines for the information management are provided in tile case of the federal and New Jersey state governments. Also, public involvement and disclosure of tile information for the remediation procedure are designated in their legal systems.

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A Study on the Legal Function and Cases of Good Faith under International Commercial Contracts (국제상사계약에서 신의칙의 법적 기능과 판정례에 관한 고찰)

  • Shim, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.3-23
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    • 2009
  • The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

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A Study of Legal Restrictions on International Air Cargo Services (국제항공화물운송의 법적 규제에 대한 고찰)

  • LEE, Jae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.371-388
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    • 2016
  • International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

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Factors Affecting Satisfaction of Customers' Savings Deposit in the Context of COVID-19: Evidence from Vietnamese Commercial Banks

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LE, Xuan Thuy
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.369-376
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    • 2020
  • Credit capital from customers' savings deposit (CSD) of banks has an important meaning in the business activities of the banking industry. There are many factors that influence the CSD satisfaction with banks. Certain changes have been made when there are fluctuations due to COVID-19. The article is based on an analysis assessing the factors that influence the CSD satisfaction of Vietnamese commercial banks in the context of COVID-19. The authors use a sample of 1,639 CSD. The results show that there are three variables that positively affect CSD satisfaction, including legal provisions of the Central bank (Legal), policies and mechanisms of commercial banks (Policy), and products of commercial banks (Product). Accordingly, in order to contribute to strengthening this capital mobilization of savings deposit, the Central bank of Vietnam needs to play a pivotal role in the regulations of the banking system to ensure its stability; control well monetary policy, interest rates, and inflation to keep a stable position in the economy; and provide timely financial support packages to enhance the confidence of CSD. Moreover, Vietnamese commercial banks need flexible policies and mechanisms to stimulate CSD; strengthen support on deposit rates for CSD; and diversify products to easily adapt to each CSD's situation.

Improvement of Waste Drug Management System by Comparing Domestic and Overseas Programs (국내외 제도 비교를 통한 폐의약품 관리 개선 방안)

  • Kim, Ho-Jung;Choi, Ye-Ji;Lee, Iyn-Hyang
    • Korean Journal of Clinical Pharmacy
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    • v.29 no.4
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    • pp.286-294
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    • 2019
  • Background: At the end of the'Waste Drug Disposal Project', collection and disposal of waste drugs remain a social issue. Objective: This study aimed to provide suggestions to improve the drug waste management system in Korea by comparing domestic and overseas relevant programs. Methods: This is a comparative study between South Korea, Australia, Canada, France, and the US. These overseas countries were selected because they have been operating waste drug management programs continuously to date. Comparison was conducted by a pre-determined analysis frame including legal regulation, enforcement program and its performance. Results: All selected countries except Australia had legal regulations on drug wastes. The US had the largest variety of drug waste disposal methods. Canada had recommended that pharmacies actively participate in drug waste withdrawal programs. France had the largest variety of methods to promote relevant programs, including window sticker, SNS, and app, as well as the highest level of awareness and participation. Australia had the lowest level of awareness and participation in pharmaceutical waste management programs. Pharmaceutical companies took responsibility of paying for these programs in the selected overseas countries. Conclusion: Further efforts should be made to establish a clear guideline including the role of pharmaceutical companies, and to develop various methods for the public to be aware of appropriate ways of disposing drug wastes in Korea.

Smart healthcare policy trends using IoT technology (IoT 기술을 활용한 스마트헬스케어 정책 동향)

  • Choi, Hun;Choi, YooJung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2017.05a
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    • pp.215-216
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    • 2017
  • In recent years, the quality of our lives has been improved by providing services that utilize IoT(Internet of Things) technology in various fields. The information obtained through IoT technology provides a basis for actively providing services that people want. However, in the field of smart healthcare, there are a lot of restrictions due to legal regulations and policies due to the scope of handling not only personal information but also simple medical information. Therefore, this study examines the legal systems and policies in the field of smart healthcare and examines the direction of smart healthcare.

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Study on the Standards for Acknowledgement of Cerebral and Cardiovascular Diseases due to Occupational Cases (업무상 뇌.심혈관질환의 인정기준에 관한 고찰)

  • Choi, Soon-Young;Rim, Hwa-Young
    • Journal of the Korea Safety Management & Science
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    • v.12 no.3
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    • pp.61-72
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    • 2010
  • Judgment of cerebral and cardiovascular diseases arising out of duty follows the legal judgment method for the purpose of investigation of medical causes based on the Industrial Accident Compensation Insurance Act, with the characteristics of the occurrence as personal factors etc. act as risk factors while work-related ones as triggers, in the case of disease due to occupational cases, as whether it arose out of duty must be judged including even the individual's personal risk factors, there are limitations securing fairness even with existing laws, regulations and guidelines. This study was carried out to suggest basic data for the preparation of standardized guidances for diseases arising out of duty by reviewing the standards for the acknowledgment of cerebral and cardiovascular diseases due to occupational cases, and it has a significance in that it suggests target diseases that may be judged as cerebral and cardiovascular diseases, legal criteria for the acknowledgment and standards for the judgment of cerebral and cardiovascular diseases arising out of duty.

Park Tae-hwan v. The Korean Olympic Committee: The Breakdown of Sports Jurisprudence in Korea

  • Phillips, Joe;Lim, Suk-Jun
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.93-119
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    • 2016
  • Park Tae-hwan, the Korean Olympic gold medal swimmer, was suspended for eighteen months by the International Swimming Federation (FINA) in September 2014. Park completed his suspension in March 2016, but the Korea Olympic Committee (KOC), relying on its Article 5.6, then prohibited him from joining the national team for an additional three years for the same doping violation. The KOC's penalty exceeded that provided by the World Anti-Doping Code, which governs the Olympics and most international sports federations, and contravened well-established precedent from the Court of Arbitration for Sport (CAS). The KOC, along with the Korea Swimming Federation, maintained the suspension until decisions by the Seoul Eastern District Court and CAS forced them to retract the penalty. We describe the sports regulations and arbitration decisions governing the Park case, how each side used the law to support their positions, the flaws in the KOC's legal analysis, and the case's resolutions by the Korean court and CAS. Finally, because this legal conflict has damaged the KOC's reputation, created uncertainty over the committee's doping penalties, and undercut the authority of the World Anti-Doping Code and the CAS in Korea, we recommend institutional changes in Korea's sports jurisprudence.

Establishing Policies towards Integrated Management of Soil Pollution and Damage (토양오염 및 훼손 통합관리를 위한 정책방향 설정)

  • Kim, Jong Sung;Park, Yoon-Sik;Lee, Gi-Ha;Hwang, Sang-Il;Yang, Jae E.
    • Journal of Soil and Groundwater Environment
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    • v.22 no.6
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    • pp.85-93
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    • 2017
  • In this study, the concepts of soil degradation, soil pollution and soil damage are defined, and the domestic and foreign administrative systems related to soil pollution and soil damage management are analyzed. In case of foreign countries, laws and regulations on the soil conservation and soil damage management were analyzed. In case of Korea, the present state of the legal system governing soil pollution and damage management was analyzed in each aspect. Through this study, suggestions for amendments of relevant laws were proposed by establishing policy direction for integrated management of soil pollution and soil damage. The results of this study will provide a basis for integrated management of soil pollution and damage, and it can be utilized in establishing integrated management strategy of long term soil conservation and sustaninable soil development at national level.