• Title/Summary/Keyword: the Legislation theory

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Developing a common socio-hydrological model based on the value-belief-norm theory

  • Akshita krithi Sobbhun;Hanseok Jeong
    • Proceedings of the Korea Water Resources Association Conference
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    • 2023.05a
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    • pp.431-431
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    • 2023
  • In recent decades, the socio-hydrology community has developed several socio-hydrological frameworks to understand the complexity of the coupled human-water system. Although there have been efforts to relate sociology and hydrology, there still have been some insights that remain debatable. As for this study, the Value-belief-norm theory was used to represent the human behavior in order to connect the human-water system. The theoretical framework of values, beliefs and norms was developed to understand the human culture towards the environment. In addition to the theory, norms are legislation of human behavior in the society while the values are the guiding principle to motivate beliefs and norms. The overview of this study implied on developing a socio-hydrological model consisting of the four systems defined as hydrology, socio-economy, technology and institutional. The interconnectors between the four systems are the key variables and parameters representing a module namely the causal loop diagram. Moreover, water quality, size of population, infrastructure capacity and norms are the key variables to connect the four systems. The developed model will be applied to Han River to represent the coevolutionary of the dynamics of human-water systems.

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A Theoretical Approach of Social Ecological Model for School Health Promotion Program (학교 건강증진 사업을 위한 사회생태학적 모형의 이론적 접근)

  • Jung, Sang-Hyuk;Yoon, Hee-Sang
    • The Journal of Korean Society for School & Community Health Education
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    • v.7
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    • pp.87-99
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    • 2006
  • Objectives: This study is to draw the design of the program which is improve school health promotion participation by applying the Social Ecological Model based on the literature review on the health promotion. Methods: Literature review was carried out based on 5 factors of social ecological model using computer search engines of Google, ProQuest, and Riss4U. Results; Social Ecological Model is consist of individual, interpersonal, institutional/organizational, community, and policy. Individual sphere is drawn from Health Belief Model, interpersonal sphere is Social Support Theory, institutional/ organizational sphere is institutional resources theory, community sphere is community model, and policy sphere is Social Marketing Theory. The literature review show that the important variables affecting health promotion exist in each sphere. Individual sphere has social economic status, age, sex, sensitivity and specificity of illness, self-efficacy. Interpersonal sphere has support and use of family, friend and neighbor. Institutional/Organizational sphere has environment service reliability and utility. Conclusions: Community sphere has distance, neighborhood safety, interrelationship among institutions. Policy sphere has cost, legislation advertisement, lobby and concern and leadership of Institution.

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Legislation Cases, Management Policies and Countermeasures on Scientific Data -Focusing Australia, the United States and China- (과학데이터에 관한 입법례와 관리정책 그리고 대응방안 -호주, 미국, 중국을 중심으로-)

  • Yoon, Chong-Min;Kim, Kyubin
    • Journal of Korea Technology Innovation Society
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    • v.16 no.1
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    • pp.63-100
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    • 2013
  • Research data means data in the form of facts, observations, images, computer program results, recordings, measurements or experiences on which an argument, theory, test or hypothesis, or another research output is based. Data may be numerical, descriptive, visual or tactile. Scientific research is changing because of the paradigm shift. It is all being affected by the data deluge, and a data-intensive science paradigm is emerging. Hence, paradigm shift in scientific research led to increase of value and importance of scientific data. Essential to the creative research and development for scientific data can be reused efficiently is the sharing and utilization of establishing management system. Establishing of management system for sharing and utilization of scientific data should be done at the national level, but compared with Europe, Australia, the United States, China, the management system of Korea doesn't have not linkage or efficiency or internal stability. Australia, the United States, China continues to expand a Mid- and Long-Term policy making, legislation, its investment in infrastructure, so as to promote the utilization of data, such as collection, management and maintenance of scientific data through the relevant agencies at the national level. This study consider legislation cases and management policies of the above countries to the end to that establish management system for the efficient and fair sharing and utilization of scientific data and the legal system, and that provide scientific data legislation and policies related to the future of our country.

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Legal review on essential business of hospital business (병원사업에 있어서 "필수유지업무"에 관한 법리적 검토)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.343-405
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    • 2009
  • This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

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Expected Role of ICT for Creative Economy (ICT와 미래창조경제의 나아갈 방향)

  • Kim, Kook-Jin
    • Journal of Legislation Research
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    • no.44
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    • pp.7-31
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    • 2013
  • Paradigm of Global economy is changing to creative economy. This study focuses on the role of creative economy to clarify (understand clearly) the impact (influence) which transition of economy system will bring about. The creative economy is basically came from New economy theory. According to the New economy theory, a state can achieve sustainable growth without an inflation, or higher growth rate under given inflation rate, through an investment on ICT. However, different from America, Korea had limited effect of New Economy. This is because Korean economy had factor-input driven growth model rather than New Economy mechanism. However, ICT is essential requirement to move toward New Economy(Digital Economy), it does not sufficiently explain the increase of productivity and economic growth. A crucial point to realize New economy is how to diffuse and spill over the technology development on ICT sector to other industry. ICT is not creative industry or creative economy per se, and it should play as an enabler to improve other industry's productivity. The creative economy can be understood as an extension of New Economy theory. It means the economy that creates values by cultural assets and human resource, as well as capital and labor factors. However, if we understand the meaning of creative economy as change of input factors, it is hard to bring real shape of creative economy.

Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

Rousseauistic origin of Kant's theory of Freedom. (칸트 도덕철학의 자율적 자유 개념의 루소적 기원)

  • Moon, Sung-hak
    • Journal of Korean Philosophical Society
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    • v.116
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    • pp.79-110
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    • 2010
  • In this paper I will consider the Rousseauistic origin of Knat's theory of Freedom. Kant's autonomous freedom which is the main theme of the Critique of practical Reason have three characteristic elements, namely spontaneity, self-lawmaking and universal validity. Rousseau mentions three kinds of freedom in his works. Natural freedom which is treated in Discourse on the origin of inequality is freedom which a man in natural state have. I proved that natural freedom is the origin of Kant's theory of spontaneity that is a essential part of autonomous freedom. Social freedom which is treated in Social contract is deeply connected with general will. General will is the power of self-lawmaking. We can easily conclude that Rousseau's social freedom is the origin of Kant's theory of self-legislation which is another essential part of autonomous freedom. The last essential part of Kant's autonomous freedom is universality that is inseparably connected with Rousseau's moral freedom which is largely mentioned in Emlie.

The Liabilities of Collision and the International Collision Rules (선박충돌의 과실책임과 국제해상충돌예방규칙 -상법 제846조 쌍방과실의 충돌과 관련하여-)

  • Park, Yong-Sub;Koo, Hong
    • Journal of the Korean Institute of Navigation
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    • v.5 no.1
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    • pp.37-48
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    • 1981
  • There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

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A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

On the Application of Public Search Measures to Detect and Obtain Information

  • Kozytska, Olena;Tsilmak, Olena;Protsenko, Olena;Yankovyi, Mykola;Lysenko, Аndrii;Shulzhenko, Assol
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.109-112
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    • 2021
  • The article considers the state of legislation that regulates the use of public methods of obtaining information by authorized state bodies. The correlation of public investigative (search) actions with operative-search measures as concepts denoting the application of public methods of obtaining information has been studied. In addition, it argues the need for more detailed delineation and legislative regulation of public investigative (search) actions and operational and investigative measures at the legislative and departmental levels. The purpose of the article is to analyze certain provisions of the Law of Ukraine "On operational and investigative activities" to identify inconsistencies in the content of the text of the law in order to correct and prevent ambiguity in the theory and practice of law enforcement.