• 제목/요약/키워드: regulation and law

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의료 개념의 다층적 이해와 법 (Understanding Medicine as a Multi-dimensional Concept in the Legal Context)

  • 김나경
    • 의료법학
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    • 제11권2호
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    • pp.75-112
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    • 2010
  • This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

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The Problem and Resolution of The Act for Prevention of Insurance Fraud

  • Kim, Hyun-Woo
    • 한국컴퓨터정보학회논문지
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    • 제24권1호
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    • pp.207-215
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    • 2019
  • The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

다중이용업소 실내마감재료 사용기준에 관한 연구 (A Study on Using the Interior Finishing Material using Regulation at Multiple-using Businesses)

  • 김용성;조성오
    • 한국실내디자인학회논문집
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    • 제22권5호
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    • pp.216-224
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    • 2013
  • There are the relevant provisions that apply to building regulations about the Building codes, Fire Protection laws, and more Multi-using interior finish materials businesses etc. The differences between these regulations are as follows: The Building codes is defined the main use of the building according to facilities to used to set the scale by the use of the floor space, On the other hand, Fire Protection laws are the basic purpose and the act of using the architectural space(or sales) by separating object by fire. And Multiple-using Businesses Facilities consist of two regulations engaged in the kind of law and the size of the floor area. One building can not be based on operating facilities and together in Multiple use businesses Law. As such, the Buildings are applied to the Building codes, Fire Protection laws, such as Multi-using Businesses Facilities interior construction industry due to the structural differences in the position of the designer feeling a lot of difficulties and confusion. The Multi-use businesses Facilities engage in the kind of law, the size of the floor area and seating capacity. These can not be based on operating facilities, and consists of two regulations together in one building. This study is purposed to help improving the finish of the interior architecture that is related to the Building code regulations, Fire Protection laws, Multi-using Facilities interior finishing material relevant with the provisions from the law through analyze the case of developed countries, and the current Multiple use Businesses Facilities research range from the law of multiple-using facilities, interior finishing, interior architecture for supervision reasonably and compensation for the interior design. So, Result is as follows: First, interior decorations can be separated the fixed material and the moveable things. second, It should be included multi-using Business though small size business space at the basement floor. third, It should be established statute law that design and construction responsibility. forth, re-testing fire resist performance after some period. and finally, it need to mitigate regulation where be installed sprinkler.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • 제22권9호
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

건설 안전관리 체계의 개선 방안에 관한 연구

  • 김세영;안병수
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 2000년도 춘계학술대회
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    • pp.9-26
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    • 2000
  • Eventually so as to realize the construction safety, 1 found out the cause of accident and specificities of the construction industry. This study presented to several situations and problems on construction safety. As a result of this study, the below matters must be improved for more effective the construction safety management system. 1. It need to introduce the total construction safety management system. Because there is not effectiveness in the current safety management to the first on the construction field. a. We must consider the safety in the whole parts of the process of the construction and constructors of each part must devide responsibility of the construction safety as a CDM(The Construction Designed Management) used in UK. b. It is desirable to proceed control of safety in the whole parts of the construction to introduce the total safety coordinator that can consult the matters of safety as a law accepted in EU. c. Like management of the construction safety in USA, direction of the construction safety must be made to work exactly by code or manual. d. To improve the organization of the construction safety on the construction field unefficient, it must be introduced safety supervisor, safety coordinator or institutionalization of safety consultant. 2. The law of the construction safety not only have wasteful element but also decrease efficiency by overlapping of regulation, The Ministry of Labour and The Ministry of Construction & Transportation, So laws related with safety must be instituted. a. To realize total safety management, The Ministry of Labour must legislate the basic law about safety management in whole field. b. To legislate the construction safety under one law, and improve efficiency of the overlapping of regulation and the similar law by The Ministry of Construction & Transportation. c. It must be made the law of construction safety that can proper to change of situation in construction. d. The standard of safety must be instituted belong to international level and improved by year. e. We must improve irrational regulation to realize activity of safety self regulating for progress competition in construction industry

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선화주 균형발전을 위한 해운법 및 독점규제법의 개정방향에 관한 연구 (A Study on the Direction for Revision of Korea Shipping Act and Monopoly Regulation and Fair Trade Act)

  • 박광서
    • 무역상무연구
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    • 제49권
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    • pp.213-236
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    • 2011
  • Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

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화단형 입면녹화의 활성화를 위한 법적·제도적 개선방안 - 공동주택 간이화단을 중심으로 - (The Plan of Improvement for the Law and Regulation on the Activation of Perpendicular Greening With Containers -With Apartment Simple planter-)

  • 김선혜
    • KIEAE Journal
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    • 제4권2호
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    • pp.41-47
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    • 2004
  • This study is to improve plan for the law and regulation systems on the perpendicular greening with containers to improve urban environment. The supports backed by laws and regulations are imperative for the activation of building greening. Although some local administrations in Korea try to lead perpendicular greening on building by means of Green Building certification system and so on, greening policies and managements are not pushed forward with consistency. Therefore building greening should be admitted to be a substitute green tract of land. The positive construction and management of greenzone should be accomplished as well. Devices, so to speak, which put greening under an obligation or authorize it as legal landscape area should be made rather than recommendations to make greenzone through current incentive systems. Positive perpendicular greening on building can be achieved by supplementing the law and regulation and incentive system about simplified planter. If planting and managing of simplified planter are continually entrusted to residents, even vertical landscapes will be affected by illegal diversion and negligence in result. Therefore, supports from governments and local administrations are needed.

중국의 전자상거래시장 규제동향과 동북아 지역협력방안 (Regulation and Cooperation of of e-Commerce Market in China)

  • 윤광운
    • 무역상무연구
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    • 제17권
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    • pp.197-224
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    • 2002
  • This paper aims to analyze the status and prospects of chinese e-commerce, review previous literature, and provide future direction for cooperation with far east asian area This study deals with the reform, the open and entering WTO of China economy to suddenly change domestic IT industry, legal regulation of Chinese e-commerce market and cooperation with far east asian area. Especially, Chinese e-commerce market is much developed in recently, but relative legal system is unsatisfactory. Therefore this paper research firstly the present conditions and characteristics of Chinese e-commerce market, secondly Chinese e-commerce policy and legal regulation tendency, thirdly the e-commerce activity between Korea and China, and cooperation with far east asian area.

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방송용 위성궤도에 대한 국제규범의 국내이행에 관한 연구 (domestic implementation of international rules regarding the orbit for satellite broadcasting)

  • 신홍균
    • 항공우주정책ㆍ법학회지
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    • 제21권1호
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    • pp.191-214
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    • 2006
  • 위성을 이용한 방송사업을 위해서는 방송사업을 위한 권리 이외에 위성궤도 및 주파수 자원의 이용을 위한 권리가 필요하며, 이에는 국제전기통신연합(ITU)가 정한 무선규칙 및 국내 전파법 등의 제도가 적용된다. 무선규칙은 위성용 주파수 및 궤도의 이용에 대해서 이용자 및 이용자에 대한 관할권을 갖고 있는 정부가 다른 무선국에 위해한 영향을 주지 말아야 할 의무와 그와 관련된 국제조정을 수행할 의무를 규정하고 있다. 이를 이행함에 있어서 제기되는 것은 국제규범으로서의 무선규칙을 준수함과 동시에 국내 산업 발전 및 기업의 해외 경쟁력 강화에 기여하는 제도의 수립 및 이행이다. 이러한 견지에서 국내 사업자가 위성망을 실질적으로 발사, 운용하고 있지 않더라도 위성망을 확보할 수 있는 권리를 갖도록 하고, 사후적으로 동 사업자에게 국제조정의무의 이행을 부과하는 방안이 효율적이다. 아울러 그러한 방안은 국제 규범의 국내 이행 방식으로서 적정하다고 판단된다.

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중국 전자상거래 제도구축에 관한 연구 (The e-Commerce Regulation and System Structure in China)

  • 이병렬;김종칠
    • 통상정보연구
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    • 제7권3호
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    • pp.231-246
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    • 2005
  • Concerning the regulation of Internet service and the control of electronic commerce in China, It has not specific regulation and various rules or measures to enforce it yet. The common regulatory measures are that online business in some special areas must acquire a license or approval from relative agencies in advance. But whether licensing is an effect regulatory measure still takes time to verify. Accordingly these measures must be unified or coordinated to be enforced effectively. In order to encourage the development of E-Commerce, China will need to focus on developing rules that take advantage of the internet to encourage the economy, and establishing new legal rules or amending the traditional law to create a safe and secure legal environment for online transactions.

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