• Title/Summary/Keyword: related laws

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The 2005 Revision of the CIETAC Arbitration Rule and Improvement of the Problems Related to Chinese Arbitration Law (2005년 CIETAC 중재규칙 개정과 중국 중재법상의 문제점 개선)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.91-125
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    • 2006
  • The arbitration rule of CIETAC was vastly revised and was put in force on May 1, 2005. By its revision, China has improved its arbitration system. Chinese arbitration law had many problems when it was enacted in 1995, but the problems could not be avoided because of the poor surroundings for arbitration in China. As China has not had much experience in operating its legal system effectively, and also has little in the way of studies on legal theory that would allow it to deal with its laws in a flexible manner, authorities usually wait to revise a law until enough relevant experience has been accumulated. Therefore, during the 10 years since its enactment, China has resolved the problems within its arbitration law through revision of arbitration rule rather than by revision of the law itself. As this law is a basic one in ruling the arbitration system in China, there are some limitations as to how far the system can be developed through revision of arbitration rule alone. In spite of the limitations, the revision in 2005 contributed a great deal to resolving the existing problems within Chinese arbitration law. The biggest problem in the arbitration law is the Chinese arbitration law that restricts party autonomy. With the revision of the arbitration rule, many problems concerning party autonomy were circumvented. This occurred because the arbitration rule now provides parties the opportunity to choose arbitration rule other than the CIETAC arbitration rule, and even allows parties to agree to amend articles in the CIETAC arbitration rule -- a very important revision indeed. In addition to party autonomy, there are other improvements for example, there is an enhancement of the independent character of the CIETAC, clearing of jurisdiction, easing in the formation of arbitration agreement, improvement in the way arbitrators are chosen, and enhancement in the cultural neutrality of the arbiter. Problems still remain that can only be solved by revision of the arbitration law itself. These problems relate to the governing law of the arbitration agreement, the collection of evidence, custody of property, selection of chief arbiter, interlocutory awards, etc. In addition, some non-legal problems must also be resolved, like the actual judicial review of arbitration awards or difficulties of executing arbitration awards.

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Evaluation of Foodservice Managers' Perception on Safety Management in Childcare Centers and Kindergartens (보육시설 및 유치원 급식 관리자의 위생관리 인식도 조사)

  • Park, Hyung-Soo;Lee, Kyung-Mi;Seol, Hye-Rin;Park, Ki-Hwan;Ryu, Kyung
    • Korean Journal of Community Nutrition
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    • v.14 no.1
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    • pp.87-99
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    • 2009
  • The purpose of this study was to investigate the perception of foodservice managers in childcare centers and kindergartens for identifying the vulnerable areas of safety management. The foodservice managers in 1,144 of nationwide childcare centers and kindergartens were surveyed from May to October 2007 to answer a total 72 questions in areas of general characteristics, actual practice of foodservice management and safety management perception. Meals were served in 97.7% of surveyed facilities and 91.0% among them were self-operated. The hiring rate (27.8%) of dietitians in childcare centers was significantly lower than the rate (82.0%) of kindergartens. The needs of dietitian employment between childcare centers and kindergartens differed as 44.9% and 87.5%, respectively. In knowledge on food-borne illnesses, they have the wrong information in the field of season for frequent outbreak, major pathogens and foods causing food-borne illnesses. The food-borne illnesses (36.2%) were indicated as the major problem in foodservice facilities and the degree of risk exposure was considered as safe (70.1%). More than 70% of both facilities answered as sanitary in the status of personal hygiene. Only 38.0% recognized the Facility and Equipment Standard in the Childcare Law and Early Childhood Education Law. In preparation of meals and management of cooking processes, kindergarten scored significantly high compared to childcare centers (p < 0.05 or p < 0.01) while the necessity of standards was not different in both facilities. Among managers surveyed, 28.8% had taken food safety education from professional institutions and more than 80% in both facilities indicated the need of professional educations. These results suggest that it is necessary for the systematic sanitary education of foodservice managers by developing the sanitary management standard as well as the amendment of laws related foodservice in childcare centers and kindergartens.

The North Korean Nuclear problem and disarmament of Outer Space (북한 핵문제와 우주군축)

  • Noh, Dong-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.219-246
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    • 2017
  • Nuclear issue is a good example showing globalization of the international regime. The history showed nuclear weapons may cause the extinction of human races when the first nuclear bombs fell down to Japan in August, 1945 and people became increasingly eager to achieve peace. Military buildup for national security is a matter of existence in the international society. However, disarmament or arms control to secure international peace and safety which is also the purpose of the Charter of the United Nations may be the most important task for us to realize peace of the mankind. Today, disarmament, together with amicable settlement of international conflicts and collective security system, is an important means to maintain and promote international peace and safety. It might be our permanent task to realize complete disarmament but, as the Preamble of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) expressed general and complete disarmament, the international society has clarified its effort for complete disarmament. Thus, taking a look into the international regime on the nuclear issue and progress related to the nuclear issue in North Korea, the study was intended to introduce the globalization of the nuclear issue, review the international effort for nuclear disarmament based on the concept of the 'common heritage of the mankind' and with respect to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and controls over nuclear weapons, and then evaluate the North Korean nuclear issue, which is in direct relation with South Korea and international laws, in terms of the space law and disarmament acts. The collective security system along with policies to prevent dissemination of nuclear weapons should also be emphasized and implemented to cope with the North Korean nuclear issue.

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A Study on the Introduction of IMO Casualty Investigation Code and Marine Safety Investigation System in Korea (IMO 해양사고조사코드의 도입과 해양사고조사제도에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.16 no.1
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    • pp.57-63
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    • 2010
  • The marine safety investigation inquires and concludes the facts and causes of the marine casualties and incidents with the objective of preventing similar roses in the future. Thus, IMO and most states adopt and revise marine safety related conventions and national laws based on the results of marine safety investigation. In particular, IMO recently adopts mandatory IMO Casualty Investigation Code to identify the precise cause of rose with states' cooperation, to report the result of investigation, and to establish new international safety standard helping prevention of similar cases based on the report. The Judgement of the Korean Maritime Safety Tribunal system based on the 'Act on the investigation of and inquiry into marine accidents' is used for the purpose of marine safety investigation in Korea to prove cause of marine accident and to improve marine safety. Therefore, this study examines the Code and compares the Code with the Act to reflect the contents of provisions in the Code into the Act. The study would also be the basic references in relation to revising of marine safety investigation system in Korea Specially, the contents in relation to the independence of investigation authority and mandatory counselling system, and guarantee of seafarers human rights to ensure fairness of investigation would be included.

Sex Workers' Satisfaction and Intention to Use Sexually Transmitted Disease Examination Service in Korea (성병검진서비스에 대한 성매매 종사자의 만족도와 이용의도)

  • Lee, Jung-Whan;Lee, Ju-Yul
    • Korean Journal of Health Education and Promotion
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    • v.26 no.5
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    • pp.27-39
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    • 2009
  • Objectives: The purpose of this study is to examine how sex workers perceive the current STD examination service and how the perceptions are related with sex workers' intention to use the service. Methods: The data for this study came from a survey among sex workers who had an experience of using STD examination service provided by local public health centers. Sex workers' perceptions to STD examination service and their intention to use the service were measured with multiple items adapted from the Patient Satisfaction Questionnaire (PSQ) developed by Ware and his colleagues. Results: Most sex workers are satisfied with the current STD examination service provided by local public health centers and they have a strong intention to use the service. In predicting general satisfaction and intention to use STD examination service, few socioeconomic variables play a significant role. Among specific dimensions of STD test service, technical quality and accessibility of the service affect both general satisfaction and intention to use the service in a positive direction. The most important determinant of sex workers' intention to use STD examination service is their general satisfaction with the service. Conclusion: With the existing laws that still officially justify STD examination programs, the demand and need for STD examination service by sex workers further the current STD examination programs. Health authorities which aim at health maintenance, health promotion and health protection for the people, thus, need to continue their STD control programs actively and effectively regardless of the Special Law on Sex Trade.

A Proposal for amendment of the Financial Intelligence Unit Law (『특정금융정보(FIU)법』의 개정을 위한 제언)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.15 no.5
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    • pp.71-76
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    • 2015
  • Financial Intelligence Unit Law doesn't include investigation on important cases that could influence the security and existence of the nation that are the core jobs of national intelligence agency. So the agency has a difficulty to investigate the international crime of North Korea and other security incidents. It is also difficult to catch an international crime organization working in Korea. It also produces problems such as difficulty in investigating the illegal leak of strategic materials and investigating people related to illegal funding to international terrorism. So it is urgently needed to revise Financial Intelligence Law as soon as possible. Foreign intelligence agencies use the information of financial intelligence unit in many different ways. National Security Agency of China and Australian Security Intelligence Organization freely use the information of financial intelligence unit based on their own laws and systems. Central Intelligence Agency and Federal Bureau of Investigation of USA and Secret Intelligence Service and Security Service of Britain request financial intelligence units to supply them with the information of financial intelligence unit. But the national intelligence agency of Korea isn't able to approach to FIU and can't share the FIU information with foreign intelligence agencies. To solve the problem, they should revise Financial Intelligence Unit Law so that national intelligence agency can receive or request information from Korean Financial Intelligence Unit.

Abolition of restrictions and research on precondition for nominating drone photographing free area (규제혁파, 드론 촬영 자유구역 지정을 위한 선결조건 연구)

  • Seok, Geum-Chan;Park, Gye-Soo;Nam, Soung-Ho;Kim, Young-Ki
    • Journal of the Korea Convergence Society
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    • v.11 no.5
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    • pp.209-217
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    • 2020
  • The background of the research is the following. With the prosperity of drone industry, the government has been actively promoting measures to nominate 'drone photographing free areas'. However, existing laws, and procedures are rather unclear with related environmental factors in discordance with one another. Hence, voices in need for establishing a clear precondition for nominating drone photography free area have been rising. The purpose of the research is to provide measures for the preconditions to establish photography free areas for convenient drone photographing. The research utilizes literary methods, conducting focus group interviews to coordinate with specialists who can participate and discuss so that they can provide improvement measures. The research renders improvement measures in different sectors including 2x items in aviation security law, 8x items in free area nomination and procedure, 4x items in infrastructure establishment and information management area. The expected effects are the following: by attaching drone photography with aviation security law, nominating photography free area can be linked up with the Ministry of Land Infrastructure and Technology. Secondly, by enlarging photography restricted area to upper mid-air, a three dimensional drone security will be possible. Thirdly, by providing a 'Yongin area standard model', free area nomination will become more easy. Future research will focus on enhancing aviation security law regarding drone photographing. In addition, the promotion to nominate free areas for 33x responsible areas in accordance with the National Intelligence service will be required.

A Study on Analysis of efficient Shelter Guide For Multiple-use Facilities (다중이용시설물에서의 효율적인 피난유도에 관한 현황 분석)

  • Park, In-Sook;Kim, Whoi-Yul;Kim, Byeoung-Su;Ahn, Byung-Ju;Lee, Yoon-Sun;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.791-796
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    • 2007
  • As large-scale buildings, skyscrapers, and multi-purpose buildings recently increase in numbers dramatically, the internal space of such buildings becomes more and more large and complicated accordingly. Since such structures usually accommodate a number of random people, the potential possibilities of disastrous tragedies are high, and the rates of injury and physical damage caused by the complicated system of the building also increase as well. However, most of the shelter designs of the existing buildings are based on the specifications according to the assigned laws and involved regulations. In this case, only general criteria are referred to regardless of the characteristics of each structure while other disaster-related features are not taken into consideration sufficiently. Since any actual fire may cause a terrible calamity, in such plans, shelter inducement can be neither safe nor effective. Thus, this study examines and analyzes currently run disaster prevention systems and shelter inducement facilities with COEX Mall as its subject, and analyzes the responding system to each situation based on the fire scenarios by means of As-Is Model. Through this analysis, presented are the measures to solve the problems of current disaster prevention systems and to improve shelter inducement methods effectively.

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Geographical Characteristics and Patients' Determinants of Online Referrals : A Case Study of Choongbook, Korea (온라인 협진에 대한 지리적 특성과 환자의 결정에 관한 연구 : 충청북도 사례를 중심으로)

  • Park, Soo-Kyung
    • Journal of the Korean association of regional geographers
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    • v.17 no.5
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    • pp.617-637
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    • 2011
  • This study employs qualitative approaches to examining geographical characteristics and patients' determinants of online referrals in terms of regionalization. In this light, I conducted interviews with 20 patients receiving online referrals in Choongbook, Korea, and investigated their behaviors regarding these referrals between July and August 2009. I found that many patients who suffered from various levels of illness preferred tertiary care centers outside of Choongbook and did not enjoy their experience with the local medical institutions as the online referral service sites. This result might be because patients choose online referrals for psychological considerations such as quality and level of health care services, personal stakes in online referral service sites, acceptability and credibility of good tertiary care centers, and easy access to and use of medical institutions. Meanwhile, immediate benefits with regard to the technological value of online referrals, such as convenience, utility, and original purpose associated with regionalization, did not influence patients' decision-making. Therefore, the social and public networks affiliated with online referrals plus the effect of Korean medical laws play hostage to private decisions made by citizens, who prefer high-level medical institutions. Accordingly, the technological contribution of online referrals does not halt the outflow of patients from local, tertiary care centers. Especially, the existing health care system and patients' behaviors are deeply related to referrals in the online system. To protect regionalization, the improvement of health care services from the present state of affairs is required.

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A Study on the Concept of Operations and Improvement of the Design Methodology for the Physical Protection System of the National Infrastructure - Focused on Nuclear Power Plants - (국가기반시설 물리적 방호체계 운영개념 및 설계방법 개선방안 연구: 원자력발전소를 중심으로)

  • Na, Seog-Jong;Sung, Ha-Yan;Choi, Sun-Hee
    • Korean Security Journal
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    • no.61
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    • pp.9-38
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    • 2019
  • As the scales & density of the Korean national infrastructures have been increased, they will be identified as rich and attractive potential targets for intensified North Korea's attack in the rear region and terrorism attack. In addition, due to changes in security environment such as drone threats and lack of security forces under the 52-hour workweek law, I think that it is the proper time point to reevaluate the effectiveness and appropriateness of the current physical protection system and its shift to a new system. In this study, the direction and improvement of the perimeter physical protection systems of the national infrastructures are to be studied from the viewpoints of its concepts of operations and design methodology, focusing on the nuclear power plant. The reason why we focus on nuclear power plants is because they cause wide-range and long-term damages caused by radioactive materials disperal and pollution, along with short-term damage caused by the interruption of electricity generation in the event of damage to nuclear power plants. With the aim of extracting improvement directions, as we will comprehensively review domestic research trends and domestic·overseas related laws, and consider Korea's specificity, we try to reframe the concept of operation - systematization, mobilization and flexibility -, and establish criteria on system change. In order to improve the technical performance of the new perimeter physical protection system, we study on high-fidelity·multi-methodology based integrated design methodology, breaking from individual silo-type design methods, and I suggest improvement of government procurement, its expansion to export business and other national infrastructure.