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A Review of 'Continuous Harassment' Provisions under Misdemeanor Punishment Act for Stalking Control (스토킹 규제를 위한 <경범죄처벌법>상의 '지속적괴롭힘' 조항에 관한 검토)

  • Kim, CheongHa
    • Journal of the Society of Disaster Information
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    • v.9 no.4
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    • pp.439-448
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    • 2013
  • The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.

A MONOID OVER WHICH ALL CYCLIC FLAT RIGHT S-ACTS SATISFY CONDITION (E)

  • L. Moon, Eun-Ho
    • Journal of applied mathematics & informatics
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    • v.26 no.1_2
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    • pp.395-400
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    • 2008
  • Although the properties of flatness and condition (E) for Sacts over a monoid S are incomparable, Liu([10]) showed that necessary and sufficient condition for a monoid S over which all left S-acts that satisfy condition (E) are flat is the regularity of S. But the problem of describing a monoid over which all cyclic flat left S-acts satisfy condition (E) is still open. Thus the purpose of this paper is to characterize monoids over which all cyclic flat right S-acts satisfy condition (E).

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A Study on the Improvements of Administrative Rules of Korea Foreign Trade Act (대외무역법 행정규칙의 개편방향에 관한 연구)

  • Park, Kwang So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.185-207
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    • 2014
  • There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

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CHARACTERIZATION OF MONOIDS BY REGULAR RIGHT ACTS

  • Moon, Eun-Ho L.
    • Journal of applied mathematics & informatics
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    • v.26 no.5_6
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    • pp.983-989
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    • 2008
  • The purpose of this paper is to continue the investigation of monoids over which various properties of acts happen to coincide. Special concern is to characterize monoids by regular right acts. In particular there are given some characterizations of monoids over which all right acts that satisfy condition (E)(or condition (P)) are regular.

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Effectiveness of Rural Land Use Control by the National Land Use and Planning Act (국토계획법에 의한 농촌 토지 이용관리의 실효성 평가)

  • Park, Si-Hyun;Hwang, Han-Cheol;Hwang, Yeon-Su
    • Journal of Korean Society of Rural Planning
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    • v.18 no.3
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    • pp.77-89
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    • 2012
  • In 2003, "The National Land Use and Planning Act" (NLUP Act) was enacted unifying two old laws; "The Urban Planning Act" enacted in 1962 and "The National Land Use and Management Act" enacted in 1972. One of main reasons of unifying two acts was to extend urban planning-based development systems to rural areas for preventing uncontrolled urban sprawl in rural areas and enhancing or settlling plan-based land use system in rural areas. This paper is conducted with the following specific objectives: i) to critically review the contents of NLUP Act in terms of rational rural land use planning; ii) to evaluate plan-based land use practices in rural area by NLUP Act; iii) to appraise performance level for prevention against unplanned development activities in rural areas by NLUP Act. To accomplish these objectives, we surveyed actural state of rural land use and development system by the new act in two case study areas. Ansung city in Gyeongi province as an urban sprawl region and Hamyang county in Gyeongnam Province as a remote rural area. Study results ascertained that the new act can not effectively control rural land use and not prevent over-use of agricultural land in the positive and effective ways because of followering three points.

The Introductin of the Special Act on Port Safety in South Korea: First-year Results and Future Tasks (「항만안전특별법」시행 1년의 성과와 과제)

  • Miju Kim;Seokhwan Kim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.34 no.1
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    • pp.26-34
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    • 2024
  • Objectives: The successful implementation of the Port Safety Special Act is a very important matter. Now that one year has passed since its introduction, this study aims to review the achievements so far and identify future tasks. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. In addition, an in-depth interview was conducted with a business owner. Results: The achievements over the past year are as follows. As business operators took greater responsibility for safety management, blind spots in safety were resolved to an extent. Specialized training for the port unloading industry was provided, and a safety management system was established for unloading docks. In addition, the Ministry of Oceans and Fisheries was able to intervene in the prevention of safety accidents at ports through the deployment of port safety inspectors. In 2022, the port industry accident frequency and death rate declined compared to the previous year. Conclusions: The "Port Safety Special Act" has become relatively well established in the port industry over the past year. However, since the Serious Disaster Punishment Act was implemented in January of the same year, there is a limit on determining what is necessarily the effect of the Special Act. Future tasks include unifying contracts centered on cargo handling companies, supporting safety management costs, increasing the number of port safety inspectors, producing reliable port disaster statistics, and cooperating between the Ministry of Oceans and Fisheries and the Ministry of Employment and Labor.

Objective Evaluation method for the Condition of Cut-slope (절토사면의 객관적인 상태평가 연구)

  • 장현식;박혁진;장범수
    • Proceedings of the Korean Geotechical Society Conference
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    • 2003.06a
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    • pp.33-42
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    • 2003
  • Since the cut slope has been big concern due to frequent failures, the government decided to include cut slopes in the“Act for Safety Control of Public Structures”. Based on the Act, the cut slope whose height is over 50m and length is over 200m should be inspected on the regular basis. According to the Act, KISTEC developed the objective evaluation method for the condition of cut slope. The evaluation method is divided into two categories: evaluation for damaged condition and evaluation for failure affecting factor. Based on the evaluation results, the cut slope is graded from A to E. In this study, the process to evaluate the cut slope condition and the evaluation criteria to divide the grade of cut slope are introduced.

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A Legal Study on Indemnification of Korean Mutual Insurance of Fisheries Cooperatives (수협공제(水協共濟)의 보상제도(補償制度)에 관한 법적(法的) 연구(硏究))

  • Cha, Cheol-Pyo;Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.5 no.2
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    • pp.98-109
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    • 1993
  • By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

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A Study on the Chinese Arbitration Act (중국 중재법에 관한 연구)

  • Yoon, Jin Ki
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.183-232
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    • 1999
  • The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

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A Study on Improvement of the Small Stream Management Project (around Small stream maintenance Act) (소하천 정비사업의 개선방안 -소하천정비법을 중심으로-)

  • KONG, Rakyong
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.3
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    • pp.841-852
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    • 2015
  • The objectives of this study are to amend of the Small Stream Maintenance Act. In general, small streams have diverse ecological and social characteristics because they are extensively formed across watersheds over time. However, small streams in Korea have been significantly degraded primarily because of human disturbances including stream maintenance activities. Especially, covered streams are majority problem in the Small Stream Maintenance. In order to improve this problem, the Small Stream Maintenance Act be amended to the Small Stream Management Act.