• Title/Summary/Keyword: Basic Act

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A Study on the Integration of Framework National Tax Basic Act and Local Tax Basic Act (국세기본법과 지방세기본법의 통합과 체제 개편에 관한 연구)

  • Kim, Woo-Young;Kim, Keum-Young
    • Asia-Pacific Journal of Business
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    • v.9 no.2
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    • pp.75-103
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    • 2018
  • The tax system in Korea is the so-called one-item-one-tax law which has separate tax law for each taxation according to tax law. The common and procedural aspects of these tax laws are the same or similar, but they are separately prescribed by the National Tax Basic Act and the Local Tax Act. These legal systems complicate the tax law and increase the cost of tax cooperation, resulting in tax inefficiency. In this study, the National Tax Act and the laws of the Local Tax Act are integrated and presented. It is proposed that the common provisions should be integrated into a single law and the unique matters should be defined in each of the National Tax Basic Act and Local Tax Basic Act, by comparing and analyzing the provisions of the National Tax Basic Act and the Local Tax Basic Act. The integration of the common elements of the National Tax Basic Act and the Local Tax Act is expected to improve tax efficiency by reducing tax complexity and tax cooperation costs. In addition, the National Tax Act and the Local Tax Act are expected to maintain the characteristics of the National Tax Basic Act and the Local Tax Act when they are specified in the National Tax Basic Act and the Local Tax Basic Act. This study is expected to be a research that can reduce tax inefficiency and help convenience of taxpayer and tax administration.

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The Evolution of Korea's Basic Acts on Science and Technology and their Characteristics

  • Lee, Changyul;Lee, Elly Hyanghee;Kim, Seongsoo
    • Asian Journal of Innovation and Policy
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    • v.10 no.3
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    • pp.355-379
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    • 2021
  • This study examined the evolution of S&T Basic Acts in Korea from the Science and Technology Promotion Act (1967) through the Special Act on STI (1997) to the Framework Act on Science and Technology (2001) in the following aspects: 1) comprehensive plans, 2) coordination mechanisms for S&T policies, 3) enforcement of R&D programs and performance diffusion, 4) promotion of human resources, 5) and S&T investment and budgeting. Before the Framework Act on S&T was enacted in 2001, critical issues were found in establishing S&T master plans, promotion of R&D programs, comprehensive coordination mechanisms, and R&D budgeting. The three Basic Acts have expanded the scope of regulation over time to cover the entire cycle of the S&T process. They concern a wide range of issues, including creating a basis for scientific and technological development, S&T promotion, disseminating and commercializing research outcomes, and preventing adverse effects from science and technology. The content of the Basic Acts has evolved in response to changes in the political, economic, and social environment of Korean industry during the past five decades.

Implications of Digital Education Policy -Focused on Basic Act for Digital-based Education-

  • Shinhye, Heo
    • International Journal of Internet, Broadcasting and Communication
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    • v.16 no.1
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    • pp.321-329
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    • 2024
  • This study attempted to obtain implications for digital education policy by reviewing the Framework Acts and Enforcement Decrees related to digital education. To this end, the following were explored. First, the concept and components of digital competency were reviewed. Second, the Framework Acts and Enforcement Decrees related to digital education policy were reviewed using the above concepts. Third, the characteristics and implications of the Framework Acts and Enforcement Decrees for digital education were explored. The results are as follows: Korea's digital education policy tried to reflect the categories that digital competency must cover, even its function and dysfunction role. However, to achieve their purpose, it is necessary to maintain consistency with related laws or policies. We identified that amendments to the Basic Act and related articles are essential to effectively enforce the Digital-Based Distance Education Activation Basic Act. A reevaluation of the correlation between Article 10, emphasizing digital media literacy education, and Article 5 of the enforcement decree is necessary. Revision of the enforcement decree to align with Article 10's objectives is vital to ensure proactive measures for promoting digital literacy and competence as mandated by the Basic Act.

A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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A Study on Projection of Demand and Supply for Paramedic in the Emergency Medical Services Act (1급응급구조사의 수급에 관한 연구 -응급의료에관한법률을 중심으로-)

  • Uhm, Tai-Hwan
    • The Korean Journal of Emergency Medical Services
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    • v.7 no.1
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    • pp.55-64
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    • 2003
  • The purposes of this study which was conducted by applying three projection formulae to the data from admission quota for paramedic of the Ministry of Education & Human Resources Development the number of ambulances the number of emergency medical centers of the Ministry of Health & Welfare and rate of successful candidates of annual report of the National Health Personnel Licensing Examination Board were to find out demand and supply of paramedic from 2002 to 2045 and to expand scope of practice of paramedic in Korea. The conclusions from this study were summarized as follows; (1) The simple formulae derived from the projection formula of the Economic Planning Board were applied under the present Emergency Medical Services Act including qualifying over 3-years experienced EMT-Basic for paramedic examinee, stationing paramedic or EMT-Basic or physician or nurse per ambulance, stationing paramedic or EMT-Basic per emergency medical center and under the amended Emergency Medical Services Act including qualifying only paramedic graduate for paramedic examinee, stationing 4.5 paramedics per ambulance, stationing 10 to 2 paramedics per emergency medical center. (2) It was estimated that on the American basis of 5.6 EMTs per 10,000 in 1996, the number of paramedics under the present act will reach the basis before 2020, the number of paramedics under the amended act will reach the basis about 2040. (3) It was estimated that on the basis of 22,000 paramedics demanded from the number of ambulances, the number of emergency medical centers in 2001, the number of paramedics under the present act will reach the basis before 2015, the number of paramedics under the amended act will reach the basis about 2030. (4) There was relationship between requirements for emergency medical centers scope of practice of paramedic in the act and demand-supply of paramedic, this necessitates surveys, studies, amendment of the act, legalization for expanded scope of practice of paramedic including EMD, instructor, teacher of safety. (5) This study which includes only expanded scope of practice of paramedic and projection for paramedic in the act needs complementary studies such as decision-making process in health manpower policy and so on.

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Effect of the Basic Act on Low Carbon Green Growth on Construction Industry and the Application of the LEED to the Act (녹색성장기본법이 건설산업에 미치는 영향과 LEED 적용 방안)

  • Jo, Seung-Yeon;An, Jang-Won;An, Yong-Han;Kim, Yong-Su
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2011.05b
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    • pp.131-132
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    • 2011
  • The Basic Act on Low Carbon Green Growth is particularly important because it establishes the basis for climate change policies and replaces Sustainable Development as a directive idea for all environmental policies and regulations. But there still remain some legal and administrative task to shape the relationship with other laws and international codes. This study aims to propose the fact that the Leadership in Energy and Environmental Design should be involved at the Basic Act.

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A Study on Policy Making Process of the National Basic Livelihood Institution : Focused on Enactment of National Basic Livelihood Act (국민기초생활보장법 제정과정에 관한 연구)

  • Park, Yoon-Young
    • Korean Journal of Social Welfare
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    • v.49
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    • pp.264-295
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    • 2002
  • This study aims to identify the enactment factors of the National Basic Livelihood Institution in context of policy making process by using Kingdon's policy Stream Model. The findings of this study can be summarized as follows. First, an economic crisis has worsened social problems, and the president Kim Dae-jung recognized these problems as serious and worried about social confusion and polarization. Second, NGOs as like People's Solidarity for Participatory Democracy put efforts into enacting the Act. Also, the president Kim's government faced a series of political crisis and needed political solution including foundation of a new party, which considered social welfare most important. Third, the PSPD designed the Act. But the alternatives of related government ministries were not selected. In conclusion, the National Basic Livelihood Institution was enacted by the combination of these three factors stream. Especially the political stream was strongest.

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Suggestions for Establishing the Second Basic Plan for Promotion of Arbitration Industry (제2차 중재산업 진흥 기본계획 수립을 위한 제언)

  • Keon-Hyung Ahn
    • Journal of Arbitration Studies
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    • v.33 no.4
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    • pp.3-35
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    • 2023
  • The Korean government has enacted the Arbitration Industry Promotion Act, which aims to foster the arbitration system as an industry, strengthen national competitiveness, and systematically provide government support so that the arbitration industry can become a future growth engine, and has been in effect since June 28, 2017. In accordance with Article 3 of the Arbitration Industry Promotion Act, the Minister of Justice must establish and implement the Basic Plan for the Promotion of the arbitration industry every five years to promote the arbitration industry. Accordingly, the Ministry of Justice established the "Basic Plan for the Promotion of the Arbitration Industry" (2019-2023) at the end of 2018, which has been in effect since January 1, 2019. This study first reviews and evaluates the domestic arbitration sector performance of the first basic plan, then reviews and evaluates the international arbitration sector performance of the first basic plan, and finally suggests what tasks to focus on when establishing the second basic plan for Promotion of Arbitration Industry.

A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.2
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

A Study on the Nursing Profession as Stipulated by Health & Medical Laws of Korea (우리나라 보건의료법령에 명시된 간호에 관한 연구)

  • Kim, Eun-Young
    • Research in Community and Public Health Nursing
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    • v.8 no.1
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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