• 제목/요약/키워드: related laws

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EU GDPR과 국내 개인정보보호 법제 비교분석 (A Comparative Analysis of EU GDPR with Privacy Laws in South Korea)

  • 김성현;이창무
    • 융합보안논문지
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    • 제18권5_1호
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    • pp.83-92
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    • 2018
  • 2018년 5월 25일부로 시행된 GDPR은 모든 EU 회원국에 공통적으로 적용되고 법적 구속력을 갖춘 점과 개인정보보호와 관련된 가장 최신의 동향이 고려되어진 법이라는 점에서 법적 중요성과 가치가 높다고 할 수 있겠다. 따라서 본 연구는 이러한 GDPR을 기준으로 국내 "개인정보 보호법" 및 "정보통신망법"과의 비교분석을 통한 국내의 개인정보보호 법제의 점검 및 개선 방안을 제언하는 것에 의미가 있을 것이라고 판단하였다. 본 연구의 결과로 GDPR의 법 적용 범위 민감정보 정의 개인정보 이전권 개인정보 보호담당관 개인정보 역외 이전 감독기관 처벌 법 적용 예외 사항 등이 국내 비교대상 법과 차이를 보이고 있었다. 이러한 차이는 정보주체의 권리와 이익을 보호하고, 개인정보의 보호와 활용적 측면의 균형을 위해서도 충분히 필요한 것이었다. 따라서 본 연구의 비교분석 결과 및 법 개선방안에 대한 제언을 토대로 국내 개인정보보호 법제의 전체적인 점검 및 수준 향상에 기여할 수 있을 것으로 기대한다.

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선박균형과 해상교통법규의 적용범위에 대한 비교법적 연구 (A Study on Collision and Legal Comparision of Application in Marine Traffic Laws)

  • 강동수
    • 한국항해학회지
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    • 제17권1호
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    • pp.49-60
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    • 1993
  • As the marine traffic thickens all over the world, the rate of marine casualities is on the increase, Also in Korea the number of the killed and the injured resulting from marine casualities such as ship's collision, increase continuously and the rate of marine casualities in 1992 came to the highest level in the world. The reason of rapid increasing the rte of marine casualities is the mistake of ship's steering in most case. By the way, because the administration of marine traffic is regarded as the belongs of land traffic, the scope of application in laws related to the safety of marine traffic is duplicated or unreasonable. In the view, in case of ship's collision, it is important to know the scope of application in Korean marine traffic laws and to point out the problems companies with them. Therefore, I suggest the improvement of marine traffic laws related to the safety of traffic administration.

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실내건축관련 소방(消防)규정과 방염(防炎)에 관한 연구 (A Study on Data Research for Fire Regulations and Fire Retardant in Interior Architecture)

  • 조성오;김용성
    • 한국실내디자인학회논문집
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    • 제19권3호
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    • pp.95-102
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    • 2010
  • Recently, a grow in size and features of Interior construction work over the complex and The Fire-related regulations have been strengthened for the prevention of fire damage. This study is purpose to propose interior design, construction and supervision for the efficient and reasonable way throughout the fire-related laws are investigated in interior architecture. First, the interior of the building work will be based on actual use Fire-related Laws and Regulations have be investigated. Second, based on analysis of material and facilities by Application can be used in production by the data were applied to the present. Third, the international Fire and Flame Retardant Standards for investigating and reviewing the relevant laws, differences and characteristics of each country were analyzed. Fourth, the various fire-related issues of regulation and the application of relevant provisions in the field works, the law's standards, and improvements were identified by analysis. Fire-Related Laws and Building codes that Safety Administration of the Fire Services are divided into design, it comes to approval from the municipal authorities with concerns about the fire that will fit on the Fire Department's administrative procedures and operations is necessary to integrate operations. In conclusion, Fire-related business are divided into Minister of Land, Transport and Maritime Affairs and Ministry of Public Administration and Security. So, Both institutions is need to be the cooperative work. It is necessary to the field supervision. Because, Flame-resistant performance standards in the field works applied are too complex. Last, Establishment of fire-related regulations will enact by private organizations and the experts to participate.

최근 국내 해양환경법제도의 변화에 관한 고찰 (A Study on the Recent Change in Korean Legislative System of Marine Environment Related Laws)

  • 박수진
    • 해양환경안전학회지
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    • 제13권4호
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    • pp.43-50
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    • 2007
  • 최근 해양환경법제도에 관한 정비작업이 활발하게 진행되고 있는바, 이는 "지속가능한 개발원칙"과 "사전예방주의 윈칙"을 "법(law)"의 형태로 내재화하고 "정책(policy)"으로 실현하기 위한 노력의 일환이라고 할 수 있다. 연안침식 방지, 기후변화 대책마련과 같이 해양환경에 관한 입법수요는 지속될 것으로 예상된다. 향후에는 해양환경 관련 법률의 법체계를 합리적으로 정비함으로써 법률간 연계성 및 정책의 효율성을 제고하는 것이 필요하다. 또한 해양환경을 효율적으로 보전하기 위해서는 법률과 정책의 정비와 함께 체계적인 연구와 조사가 지속적으로 이루어져야 한다.

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한국 가족 및 친족 개념에 대한 연구 : 가족관련 법을 중심으로 (A Study on Families and Kinship Concepts in Korea: A Focus on Family Related Laws)

  • 성미애
    • 대한가정학회지
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    • 제47권4호
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    • pp.11-24
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    • 2009
  • This study aims to analyze families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Korean culture is in the process of changing from traditional familism to democratic individualism, yet this is not a simple transition. In recent times, many people have come to look at family life from both traditional and individual perspectives, so their family values are inconsistent with each other. Therefore, this creates many family conflicts. As a result of this problem, I have analyzed families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Because laws regulate and reflect our everyday life, it is meaningful to review these laws. The results are as follow: First, the meaning of family in Korean laws is to respect other family members, and democratic family relationships. Second, the family boundaries are very different depending on the laws. The core boundary is the nuclear family, but in addition to the nuclear family, the parents of the wife and husband, the family of origin and the kin living together are included in the family member regulations. Third, the functions of the family are caring, education, rules for the living place, child discipline, supporting each other, guardianship for the family members, succession of family assets, and legal accusation rights. Kinship plays an important role in determining child guardianship, permission of a minor to marry, and authority over legal incompetency. Therefore, there are some contradictions between individualism and patriarchy in Korean laws, and these can have an influence on the conflicts between family members in the everyday life.

한국의 전자신용장 도입을 위한 관련 법률상의 문제점과 개선방안에 관한 연구 (A Study on the Problems and Improvements in the Related Law in order to Introduction of the Electronic Letter of Credit in Korea)

  • 김태환
    • 통상정보연구
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    • 제11권2호
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    • pp.233-257
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    • 2009
  • The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

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주방 기기 안전 기준 관련 법령 및 규격 조사 (Investigation of Laws and Standards related to Safety Criteria for Commercial Kitchen Machines)

  • 기도형;송영웅;김영호
    • 대한안전경영과학회지
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    • 제19권2호
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    • pp.81-93
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    • 2017
  • This study aims to investigate laws and standards(including technical guidelines) related to safety criteria for 22 kitchen machines frequently used in commercial kitchens. The study was based on literature survey, interviews with charge persons in kitchen machines manufacturing companies, cafeteria providing group meals and relevant association, and web surfing. The results showed that there are two types of safety criteria such as legally forced ones by laws and optional ones by national industrial standards or technical guidelines. High pressure safety control act, safety control and business of liquefied petroleum gas act and city gas business act prescribed gas use apparatus safety criteria, rational energy utilization act did those of pressure vessel such large rotary caldron, industrial health and safety act did those of food processing machinery, and electrical appliances safety control act did those of electrical kitchen appliances. Compulsory or optional standards or guidelines related to safety criteria for kitchen machines were presented by 22 kitchen machines. Safety devices shown in the laws, standards and guidelines were also summarized by kitchen machines and their risk factors.

프랜차이즈 가맹점의 노동조건 개선 및 상생지원 방안 (A Study on the Improvement of Working Conditions and Win-Win Support for Franchisees)

  • 박소민
    • 한국프랜차이즈경영연구
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    • 제13권4호
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    • pp.23-37
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    • 2022
  • Purpose: The Korean franchise market has undergone drastic growth in recent years. Followed by expansion of franchise business types, relevant legal matters have diversified. Compared to conventional economic laws that focused on resolving problems related to unfair transactions between franchisors and franchisees, more diverse labor laws have emerged recently due to governance and economic dependencies of franchise structure. However, it was found that the business environment of franchisees and working conditions of franchisee employees have not changed accordingly due to the unique structure of franchise business. Though franchisees are entrepreneurs independent from franchisors, they are still under franchising contract with the franchisors. For instance, employees of franchisees have been exposed to malpractices in regard to pay, time, and other working conditions. These malpractices may show the ineffectiveness of current labor laws. Labor management is an important issue for sustainability of franchise businesses. Negative publicity of franchises generated from violating relevant labor laws may have significant negative impact on overall image of franchised brands. However, franchisors should not hold franchisees fully responsible for legal violations in terms of labor management but strive to prevent relevant risks. Thus, the recent amendment in labor law related to increased minimum wage and reduced worktime have called for more attention to effectively implementing the law. Research design, data, and methodology: This study was conducted through a review of franchise-related laws and various institutions and policies. Results: It is further needed for all parties, including franchisors, franchisees, and franchisee employees, to take collaborative actions to improve working conditions of franchisees. Therefore, this study aims to propose appropriate and effective response plans toward recent changes in the Minimum Wage Act, while strengthening sustainability of franchisors, franchisees, and their employees. Conclusions: The proposal mainly contains plans regarding profit-related aids and profit sharing/cost reduction strategies for franchisees, as well as collective bargaining in the franchisor-franchisee relation. More detailed suggestions are included. Conclusions: This proposal may help franchisors and policymakers develop business plans and policies in improving business conditions of franchisees and working conditions of franchisee employees.

독성 한약재의 법적 규제에 관한 연구 (Study on The Regulation on Poisonous Medicinal Herbs)

  • 권기태
    • 의료법학
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    • 제11권1호
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    • pp.271-296
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    • 2010
  • Objective: Poisonous Medicinal herbs can be considered as a risk factor to public health unless they are prescribed by Doctor of traditional Korean medicine. The proper method to manage them should be prepared to prevent risk factors caused by misuse and abuse of the poisonous medicinal herbs and enhance public health. Methods: In this dissertation (paper), the definition, scope, management status, data about pharmacology and toxicity and media release regarding adverse reaction were understood after organizing documents, laws and regulations concerning poisonous medicinal herbs. Also, management methods are suggested by analyzing related examples and regulations in China, Japan and Hong Kong, where the use of herbal medicine is general. Results: Methods for items for poisonous medicinal herbs, safety information management, management based on standardization of traditional processing methodology and reorganization and revision of related laws and regulations are established. Conclusion: Proper laws and regulations are not yet established to manage poisonous medicinal herbs in Korea. In this regard, it is urgent to establish laws and regulations which can apply independently. The purpose of the laws and regulations should be to enhance management of poisonous medicinal herbs and prevent incidence of addiction and death, improving the public health.

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수산법제의 문제점과 개선방안 연구 (A Study on the Legal system to solve the problems of Fisheries Laws)

  • 이우도;이진수
    • 수산경영론집
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    • 제46권3호
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    • pp.163-176
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    • 2015
  • Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.