• Title/Summary/Keyword: role enactment

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Korean Countermeasures against the Anti-Evasion, Anti-Circumvention in US (미국의 우회덤핑방지제도와 회피방지제도에 대한 우리나라의 대응방안)

  • Oh, Byung-Seok
    • Korea Trade Review
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    • v.44 no.6
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    • pp.231-246
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    • 2019
  • Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

A Study on the Status of Energy Usage and Maintenance of Building Energy Management System in School Facilities (학교시설의 에너지사용 및 건물에너지관리시스템 유지관리 현황에 관한 연구)

  • Kim, Sung-Joong;Lee, Seung-Min
    • The Journal of Sustainable Design and Educational Environment Research
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    • v.21 no.2
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    • pp.25-35
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    • 2022
  • With the enactment of the "Framework Act on Carbon Neutrality and Green Growth to Cope with Climate Crisis," various sector-specific plans are being implemented to achieve carbon neutrality. School facilities are mandatory buildings for the "Zero Energy Building Certification" and are the buildings that account for the highest proportion among public institution buildings. Therefore, they play a major role in achieving carbon neutrality in the construction sector. This study analyzed the recent energy use trends and zero energy levels in varied ways to promote the spread of building energy management systems and to provide basic data for efficient operation management and investigated the effectiveness and user opinions of the Building Energy Management System (BEMS) applied to school facilities.

The Role Behaviors of Oncology Nurse Specialist (종양전문간호사의 역할규명을 위한 연구)

  • Kim, Min-Young;Park, Sung-Ae
    • Asian Oncology Nursing
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    • v.3 no.1
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    • pp.24-44
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    • 2003
  • The purposes of this study was to identify and propose the expected role of the oncology nurse specialist by embodying role theory to oncology nurse specialist. The subjects of this study were 149 persons in 14 hospitals, who were classified to 4 groups, oncology nurse specialists(ONS) group, head nurses and charge nurses(HN & CN) group in hemato-oncology ward, registered nurses(RN) group in hemato-oncology ward, and hematologists & oncologists(H&O) group. The questionnaire which was consisted of 89 items for role of oncology nurse specialist, was made by researcher with a field study and literature review about role of oncology nurse specialist and verified by matrix delphi technique about content validity and construct validity. The data were collected from October 22, 2002 to November 5, 2002. All 4 groups proposed that ONS should perform an expert practitioner role first of all. But ONS group, RN group and H&O group proposed orderly expert practitioner, educator, researcher, consultant, and administrator & change agent, but HN & CN group did expert practitioner, educator, consultant, researcher, administrator & change agent. Expert practitioner had the most highest necessary degree in all groups and most highest performance degree in ONS group. That was consistent with results that all groups proposed role of expert practitioner at first. 4 items out of 20 items showed the meaningful differences between groups. For role of educator, oncology nurse specialist group proposed necessary degrees over 4.0 point out of 5.0 in all items. 4 items out of 18 items showed the meaningful differences between groups. For role of researcher, 3 nurses groups proposed a high necessary degree, but performance of ONS group was most lowest among 5 roles. 6 items out of 14 items showed the meaningful differences between groups. The role of consultant had high necessary degree in some items related to hematopoietic stem cell transplantation. 2 items out of 17 items showed the meaningful differences between groups. In nursing behaviors of administrator & change agent, those items about enacting principle, cost development and participation of professional academy had a high necessary degree. 4 items out of 18 items showed the meaningful differences between groups. Oncology nurse specialists group performed 5 roles orderly, expert practitioner, consultant, educator, administrator & change agent, researcher. This result was different from expected role of themselves as well as the other groups. There was a different necessary degree between role and embodied nursing behaviors of role. ONS group and RN group proposed orderly educator, researcher, administrator & change agent, expert practitioner, consultant, but the other groups did educator, expert practitioner, researcher, consultant, administrator & change agent. The expected standards of oncology nurse specialist in this study were usually master's degree, total career of 5-7 years, oncology career of 3-5 years and certification. But for the post, qualification and qualification institution, various opinions were suggested. In the conclusion, there was a different necessary degree between role and embodied nursing behaviors of role. All groups proposed expert practitioner at first in abstract role, but educator at first in embodied nursing behaviors of role. So we have to consider this difference carefully in the future research. ONS acted the role of expert practitioner first of all, but we should develope and expand the roles of researcher, and administrator & change agent. We should enact roles by role behaviors induced from mutual agreements in necessary degree and performance degree, and bargain the role behaviors that showed the meaningful differences between groups But, we should consider carefully which group's opinion we have to select. I suggested 36 items out of 89 items, in which ONS proposed necessary degree over 4.0 out of 5.0 and half of them performed as the nursing behaviors of oncology nurse specialist that did not induce role stress. For the future, We should role bargain the role with other groups based on these items.

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A Context-based Multi-Agent System for Enacting Virtual Enterprises (가상기업 지원을 위한 컨텍스트 기반 멀티에이전트 시스템)

  • Lee, Kyung-Huy;Kim, Duk-Hyun
    • The Journal of Society for e-Business Studies
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    • v.12 no.3
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    • pp.1-17
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    • 2007
  • A virtual enterprise (VE) can be mapped into a multi-agent system (MAS) that consists of various agents with specific role(s), communicating with each other to accomplish common goal(s). However, a MAS for enacting VE requires more advanced mechanism such as context that can guarantee autonomy and dynamism of VE members considering heterogeneity and complex structure of them. This paper is to suggest a context-based MAS as a platform for constructing and managing virtual enterprises. In the Context-based MAS a VE is a collection of Actor, Interaction (among Actors), Actor Context, and Interaction Context. It can raise the speed and correctness of decision-making and operation of VE enactment using context, i.e., information about the situation (e.g., goal, role, task, time, location, media) of Actors and Interactions, as well as simple data of their properties. The Context-based MAS for VE we proposed('VECoM') may consists of Context Ontology, Context Model, Context Analyzer, and Context Reasoner. The suggested approach and system is validated through an example where a VE tries to find a partner that could join co-development of new technology.

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The Active Measure of the Operation of the Volunteer Fire Brigade in Korea (우리나라 의용소방대의 활성화 방안 고찰)

  • Jeong, Gi-Sung
    • Fire Science and Engineering
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    • v.23 no.5
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    • pp.138-142
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    • 2009
  • The system of The Volunteer Fire Brigade is the Civil autonomic one which was set up from The Chosun Dynasty and has been active. Having suffered from several dificulties from Japanese control in the Chosun Dynasty, The Volunteer Fire Brigade was established by the enactment 1958 Fire Law and we have had it up to this time. The Volunteer Fire brigade played an important role in the period of the past Fire fighting personnel and equipment which we did not have. It has carried out the assistance of the Fire extinction, the early extinction of a fire in the rural region, the extinction of the forest fire, and lots of social volunteering actions etc. but, today's Fire fighting system has made the surprising developments, such as the improvement of national economic power, the increase of knowledge about the safety of the people, the openness of The Fire Fighting Department of Korea. I will try to check out the role of The Volunteer Fire Brigade which filled up the lacking part the fire fighting in the past and make the measures which can activate in these days, looking for the new field of the movement.

Identification of Problems and Improvement Measures of Fire Observer Operation in Domestic Manufacturing Industry (국내 제조업 화재감시자 운영의 문제 확인 및 개선방안)

  • Kyung Min Kim;Yongyoon Suh;Jong Bin Lee;Seong Rok Chang
    • Journal of the Korean Society of Safety
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    • v.38 no.6
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    • pp.26-35
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    • 2023
  • Sparks cause most fire and explosion accidents in the manufacturing industry during hot work, which ignites surrounding combustible materials. Such incidents lead to high casualties due to suffocation from toxic gases and lack of evacuation. Therefore, the government recently enacted and revised 'The Occupational Safety and Health Act' to prevent fires and explosions at work sites, incorporating legal standards for fire observers, which are important in preventing accidents and the spread of fire during hot work. However, there are notable shortcomings in conducting professional cause analysis of these accidents and in aligning them with advanced foreign legal standards. Additionally, there is a lack of literature review reflecting the manufacturing industry characteristics. Despite the recent enactment and revision of legal standards, gathering sufficient opinions and professional reviews remains insufficient. To address these gaps, interviews were conducted with safety and health workers, analyzing recent fire and explosion causes in domestic manufacturing industries, and reviewing both domestic and international legal standards. Conclusively, proposed improvement measures were centered on the professionalization of fire observer education, enhancing their roles and authority realistically, and improving fire observer placement and operation standards. Consequently, additional 'Occupational Safety and Health Act' standards are necessary for fire observer education and defining the government's role. Second, precise legal standards outlining the role and authority of fire observers are required. Third tailored fire observer arrangements and management standards appropriate for varying work characteristics and company sizes are required. This study emphasizes the importance of supplementing relevant legal standards to prevent fire accidents in the manufacturing industry.

Implications of the Role of the Court Under ICC Arbitration for the KCAB International Arbitration Rules(An Analysis focusing on the division of duties among the Secretariat, Arbitral Tribunal and International Arbitration Committee) (ICC 중재에서 중재법원의 역할이 KCA 국제중재규칙에 주는 시사점(사무국, 중재판정부, 국제중재위원회의 업무분장을 중심으로))

  • Ahn, Keon-Hyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.179-220
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    • 2008
  • The notion of the 'court' is most unique to ICC arbitration. This paper focuses on what the court is and how it works and what the role and the duties of the Court under the ICC arbitration imply for the KCAB International Arbitration Rules. The Court is an administrative body that administers arbitrations taking place under the ICC Rules of Arbitration. The Court consists of 126 members from 88 countries around the world. Court members participate in decision-making process by way of attending the committee sessions and plenary sessions. At the Court's committee sessions, the Court fixes advance on costs; reviews the prima facie existence of arbitration agreements; fixes the place and language of arbitration, and the number of arbitrator(s); confirms and approves arbitrators; scrutinizes draft awards, determines the costs of arbitration; decides on extensions related to Terms of Reference, draft awards and correction and interpretation of the awards. At the Court's plenary sessions, the Court performs only two responsibilities: the challenge or replacement of arbitrators or the scrutiny of draft awards. The Court is required to scrutinize draft awards involving states or state entities, drafts with huge amounts in dispute or complex technical or legal questions, and as well as draft awards to which a dissenting opinion has been attached. Turning to the KCAB International Arbitration Rules, Article 1(3) provides that the KCAB shall establish an International Arbitration Committee. Further, it is provided that the KCAB shall consult with the said Committee with respect to challenge and replacement/removal of arbitrators pursuant to Article 1(3). The notion and role of the International Arbitration Committee was originally adapted from the Court to ICC arbitration, but its role was quite reduced in the process of enactment of its Rules. Accordingly, I examined the detailed roles of the Court to ICC arbitration in this paper and hereby suggest that the KCAB International Arbitration Rules shall be amended in the following ways: The Secretariat of the KCAB shall: fix advance on costs at the first stage and the costs of arbitration at the final stage of the proceedings; determine the number of arbitrators; review the prima facie of existence of arbitration agreement; confirm arbitrators; decide extensions related to time table, draft awards and correction and interpretation of the awards. I, also, suggest that the arbitral tribunals shall fix the place of arbitration and the language of arbitration and make a final decision on the validity of arbitration agreement. With regard to the International Arbitration Committee, it is desirable for its Rules to empower the Committee to recommend any prospective arbitrator and to review and decide challenge and replacement/removal of arbitrators.

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Assessment of Legal Instruments and Applicability to the Use of Electronic Bills of Lading

  • Lee, Un-Ho
    • Journal of Korea Trade
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    • v.24 no.2
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    • pp.31-52
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    • 2020
  • Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

A Study on the Impact of Online Political Activity on Attitudes Toward Sexual Minority Issues: Focusing on Legalizing Same-sex Marriage and Enacting an Anti-discrimination Law. (온라인 정치적 활동이 성소수자 이슈에 대한 태도에 미치는 영향: 동성결혼 합법화와 차별금지법 제정 문제를 중심으로)

  • Fujisaki, Yoshie;Kang, Sinjae;Jin, Youngjae
    • Korean Journal of Legislative Studies
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    • v.25 no.3
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    • pp.33-67
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    • 2019
  • This study analyzes whether online political activities have an important impact on attitudes toward the legalization of same-sex marriage and the anti-discrimination law and whether these effects are different by the religion of voters. The main findings are as follows. First, the ideology variable has a significant effect on attitude toward legalizing same-sex marriage and enacting anti-discrimination law. Second, the higher the degree of online political activities, the more likely they will support two issues. Third, the effect on attitudes toward the enactment of anti-discrimination law has appeared different by religion. In other words, Protestants, compared to other religions, are more likely to oppose the enactment of anti-discrimination laws as the level of online political activities increased. Our study is meaningful in that we found online political activities play an important role in making voters' attitudes positively toward the enhancement of the right of sexual minorities. Also, although ideological conflicts are usually intense in diplomatic and security issues in Korea, the sexual minority issue would be likely to be an crucial as a dimension of ideological conflicts.

Implications of the Transition into National Heritage System and the Enactment of Traditional Landscape Architecture (국가유산 체계전환 및 전통조경 법제화의 함의)

  • Hwang, Kwon-Soon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.3
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    • pp.1-12
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    • 2023
  • After 60 years since the enactment of the cultural property protection act, Korea's national system of protecting what has been valued has been transformed into a 'National Heritage System'. To meet the new system, the classification of national heritage has been re-classified into three categories as cultural heritage, natural heritage, and intangible heritage. In accordance with the sub-classification, acts for cultural heritage act and intangible heritage has been amended and act for natural heritage has been enacted. Act for natural heritage defines natural heritage as natural objects or cultural heritage formed through the interaction between human beings and natural environment. The sub-classification are categorized as follows; animal, plant, geological and natural reserves, natural landscapes, historical-cultural landscapes, and mixed landscapes. It also allows creating traditional landscapes so that traditional way of landscaping can be encouraged and integrated with modern life within historic environment. In line with the new concept of traditional landscaping, existing practices will be also needed to be changed. Traditional landscaping will play a significant role in setting out the new administrative paradigm which focuses on more value preservation. This paper recommends that effective collaboration between government, experts of traditional landscaping, and owners should be established to integrate the new policy in practice.