• 한국조경학회지
• /
• 제27권1호
• /
• pp.1-10
• /
• 1999

There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

• 한국중재학회지:중재연구
• /
• 제13권2호
• /
• pp.157-179
• /
• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• 한국주거학회논문집
• /
• 제19권4호
• /
• pp.121-134
• /
• 2008

A study on child care centers has been developed with a focus on normal children. Also the child care centers which take care of children with disability are rare. In Seoul, Korea, only 2% of children with disability are taken care of in child care centers. And even the disabled children at the child care centers are mostly mentally or emotionally disabled because the building, programs and services of the centers are restrictive to the children with severe physical disabilities. In Korea, it is not yet an obligation for child care centers to adopt Disability Accessibility Guidelines to make facilities accessible by the disabled. Also, Korea does not have specific design guidelines or legal standards. This study aims to review the legal standards and design guidelines which are applicable to child care centers for children with disability through a reference review. Japanese legal standards and references were collected and analyzed. As a result, we categorized the guidelines according to contents such as locations, areas, space organizations, nursing spaces, sanitary spaces, and doors and corridors. The goal of this study is to provide the basic information to develop domestic design guidelines to ensure that the child care centers are welcoming and usable for everyone possible.

• 한국IT서비스학회지
• /
• 제12권3호
• /
• pp.151-163
• /
• 2013

It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

• The Journal of Korean Physical Therapy
• /
• 제8권1호
• /
• pp.81-89
• /
• 1996

This study is to make legal suggestions concerning the legal status of the physical therapists and the their clinics io Korea. This study compares the legal status of the physical therapists with that of the optical and dental technicians, and reviews the current system of the American physical therapeutic clinic. 1. Under the supervision of the doctor or dentist' in Article 1 of Law concerning the Medical Technician should be deleted or changed into 'by the request of the doctor or dentist'. A new independent law should be mode only fer the physical therapist from the general law that stipulates the legal status of other similar medical technicians. 3. The legal status of the physical therapeutic clinic should be stipulated in the regulations for the application of the law as that of the dental technician does. The modification of the medical services, the medical expences, waiting time, the easy access to the clinic of farmers, fishermen, urban laborers, and handicapped people, and the development of the area of the physical therapy.

• 정보관리연구
• /
• 제36권2호
• /
• pp.99-124
• /
• 2005

국가경쟁력의 핵심기반인 과학기술정보 유통체제를 효율적으로 구축하기 위해서는 국가에서 발생되는 중요 과학기술정보가 체계적이고 종합적으로 수집 관리 및 유통될 수 있는 제도를 정비하는 것이 필요하다. 이 연구는 그 제도적 장치 중의 하나인 과학기술정보 납본제도에 관하여 현행 법령규정의 문제점을 분석하고 그 개선방안을 제시하였다.

• 식품과학과 산업
• /
• 제51권4호
• /
• pp.325-333
• /
• 2018

If private discipline replace the strict administrative regulation, fundamental rights of protective essence can be relativized while if may be beneficial for the individual freedom. Assigning the state power to the private organization is equivalent to giving up the practice of individual liberty to the organized authority. It is important to make use of public law mechanism, particularly under the imperfect juristic system. Regarding the prohibition of prior censorship, it is necessary to consider whether it is desirable to prioritize the freedom of speech over the rest of the legal benefit. Apart from this necessity, new advertisement screening mechanism was irreversibly - and controversially - introduced for the health functional food since the unconstitutional verdict of the prior screening of advertisements. With this, the state must secure the broad order through legal regulations and norms in order to freedom of speech and other legal benefit can be harmoniously and practically guaranteed.

• Journal of Korea Trade
• /
• 제27권5호
• /
• pp.41-62
• /
• 2023

Purpose - This paper examines whether the imposition of countervailing duties by the United States on undervalued foreign currency is legally consistent with the WTO's SCM Agreement. Design/methodology - The study uses a methodology that involves analyzing relevant WTO agreements, prior panel reports, Appellate Body decisions, and other legal documents. Findings - The findings suggest that to impose countervailing duties, certain legal requirements must be met, including financial contribution, benefit, and specificity. The paper also notes that when calculating the benefits of undervalued foreign currency, losses from import activities due to currency undervaluation must be considered. Additionally, classifying all exports to the US under specific industries or business groups is likely to be inconsistent with the SCM Agreement. Originality/value - Even the US countervailing measures on exchange rate subsidies may not comply with WTO regulations due to incorrect calculation of benefits and a lack of specificity, however, it suggests that when intervening in the foreign exchange market, the measures should aim to achieve only minimum policy goals.

• 한국산업보건학회지
• /
• 제11권2호
• /
• pp.169-178
• /
• 2001

Numerous regulations have been introduced and a various kinds of institutional intervention have been made by government against the occupational safety and health problems. However, it was serious issue to the workers that what can be claimed by those who meet with apparently harmful and risky working conditions in their social systems. In the view point of employees, their right to be free from unacceptable risk and hazards has not been clearly defined. Therefore, workers have very limited rights to take any actions unless employer or government do their actions. It is believed that this undesirable conditions resulted from Jack of legal definition of workers' right to work in the safe and healthy environment. It has been found increased social pressure to make intervention to the industry to protect workers' health. Also, increased pressure has been kept for deregulation. This conflict lay the current situation in dilemma. The concept of the working environmental right has been developed and discussed in this study to overcome this trade-off confliction. It should be clearly separated between legal aspects and administrative and Policy area to make the regulations effective. Strong enforcement to the industry based on the law should be minimum, however, it should be practically effective in the aspect of workers' right. Administration and policy should be focused on supportive and leading activities to achieve the ultimate goal, safe and healthy working environment. It is concluded that establishment of working environmental right would satisfy workers and industry and it would result in improvement workers' environment and conditions.

• 의료법학
• /
• 제15권2호
• /
• pp.195-223
• /
• 2014

Nurses are medical care providers most closely associated with the national health. Their works are subdivided and specialized, and it is such a factor making nurse's role more important, and with the appearance of specialized nurses, they have secured a position as an independent medical care provider. As the domain of nurse's service becomes broader, there are more accidents and disputes related to nurses. However, there are not many studies conducted on such problems, and even when medical disputes take place related to nurses, the court does not make consistent judgments as a matter of fact. Besides, as the ambiguity of nurse's range of service and the lack of nursing workforce work as a factor causing nurse's medical malpractice, more legal discussions and studies are required to seek proper solutions to such problems. Thus, as a plan to clarify legal issues likely to occur due to nurse's medical practice, this study classified nurse's work into medical assistance practice and other jobs based on their own independent judgments, and proposed establishing concrete regulations on the range of their work, while reviewing common problems extracted from precedents related nurse's medical malpractice. Moreover, while examining Japanese precedents related to the Act of Medical Service Personnel, Nurses and Midwives, which is the sole act of nurses in Japan, this study reviewed the necessity of revising the present nurse-related regulations in Medical Service Act, or enacting a sole act of nurses.