• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• Proceedings of the Korea Association of Information Systems Conference
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• 2004.05a
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• pp.122-137
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• 2004

Automation of a container terminal is a world-wide tendency nowadays. The interest of ACT (Automated Container Terminal) is increasing more and more because of necessity of container terminal with higher competitive power and ultramodern equipment to down the cost and up the efficiency. ECT (Europe Combined Terminals) and CTA (Container Terminal Altenwerder) have studied a detailed technique for the operation of ACT. In Korea, many projects related to the development of ACT are working at present. However, indiscreet introduction of ACT may cause tremendous loss. Thus it is much important thing that we search relevant automation level or type for an environment In this study, we propose the necessary strategy in developing ACT through analyzing the present condition, automated equipments and property of operation at advanced An. If the strategy is applied in development of domestic ACT, we'll be able to build ACT with higher competitive power.

• The Korean Journal of Community Living Science
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• v.22 no.3
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• pp.471-484
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• 2011

Recently, there has been an increase in the importance of parenting education within the society of life long learning. Parenting education should be dealt with in the view of lifelong education. This article focused on parenting education as outlined in the Lifelong Education Act. After analyzing the legal systems and the current limitations of the Lifelong Education Act in terms of parenting education, future directions were proposed. To do this, this article analyzed the Lifelong Education Act in relation to parenting education. Based on the relevant data, this article derived the following conclusions. First, it found that parenting education in terms of lifelong education that is available to anyone at anytime should be open for all parents. Second, parenting education should be clearly specified in the contents of the Lifelong Education Act. Third, the values of civic education such as dignity, consideration, and love should be included in the contents of parenting education programs. In addition, it is note worthy to comment that creative education has been important for future society. Forth, it is recommended to specify parenting education in the subject list of lifelong educator training programs in the lifelong education act. Finally, parenting education should be practiced in the various lifelong education institutions. Fundamentally, parenting education as Lifelong Education should be established not only for parent's benefits, but also for children's well-being.

• Asia-Pacific Journal of Business
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• v.8 no.2
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• pp.31-39
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• 2017

Countries around the world have been engaging in automatic exchange of information to tackle tax evasion. The same goal became the basis of the enactment of the Foreign Account Tax Compliance Act (FATCA) by the United States Congress. In order to establish a common approach to counter tax evasion among different countries, the Organization of Economic Cooperation and Development (OECD) released the Standard for Automatic Exchange of Financial Account Information in Tax Matters which consists of the Competent Authority Agreement (CAA) and the Common Reporting Standard (CRS). Specifically, the automatic exchange of information is the exchange of financial account information between Tax Authorities in relevant countries. The law requires this information to be collected by financial institutions around the world for reporting to Tax Authorities. Automatic exchange of Information is made up of two information sharing frameworks: The Foreign Account Tax Compliance Act (FATCA) and The Common Reporting Standard (CRS). Under the automatic exchange of information, all financial institutions must identify accounts held by customers who are foreign tax residents or entities connected to foreign tax residents. Financial institutions must report these to the relevant Tax Authority who will then automatically exchange the account information with the relevant foreign Tax Authorities. Korean government has enacted domestic laws to require financial institutions to collect and report this information and has entered into international agreements to exchange the information with other governments. This paper analyzed the FATCA and CRS rules overall and proposed solutions for the legal and practical issues. This paper contributes to the existing literature on the automatic exchange of information by considering two information sharing frameworks.

• 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.

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• Journal of the Korea Safety Management & Science
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• v.19 no.2
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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.

• Journal of the Korean Society of Costume
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• v.66 no.1
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• pp.28-41
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• 2016

This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.175-185
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• 2013

Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

• Proceedings of the Korea Information Processing Society Conference
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• 2012.11a
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• pp.1421-1424
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• 2012

SW사업 관련 법령은 공공기관이 SW사업을 진행하는데 반영되고 있고 사기업에도 SW프로젝트를 진행하는데 법적 효력을 가지고 있으며 프로젝트 성공을 위해 중요한 요소로 작용하고 있다. 하지만 잦은 요구사항의 변경, 구체적이지 못한 요구사항, 비현실적인 일정과 예산 등으로 SW프로젝트의 성공을 보장받기 어렵다. 본 논문은 이러한 문제점을 파악하기 위해 SW프로젝트를 수행하는데 근간이 되는 SW관련 주요법령이 SW프로젝트의 성공을 지원할 수 있는가를 연구하였고, 이를 위해 프로젝트관리 국제표준인 ISO 21500(Guidance on Project Management)의 지식 및 관리 영역과 SW관련 주요법령들을 비교하였다. 연구 결과로서 현행 SW 관련 주요법령들에 각각 범위, 시간, 비용, 위험을 의미하는 영역에서 차이를 보여 종합적인 보완이 요구된다. 향후 본 연구를 통해 공공기관이 SW사업 프로젝트를 성공적으로 수행하기위해 관련 법령이 연구결과의 문제성을 명확히 제고토록 하고 공공SW사업은 물론, 국내 SW사업계가 프로젝트를 성공적으로 수행하기 위한 양질의 환경이 될 수 있게 하고자 한다.