• Title/Summary/Keyword: DOMESTIC LAWS

Search Result 491, Processing Time 0.025 seconds

A Study on the Domestic and Foreign Laws connected with Landscape Plant and Planting (조경식물의 식재 관련 국내.외 법제도에 관한 연구)

  • 신익순;김영수
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.25 no.1
    • /
    • pp.47-61
    • /
    • 1997
  • This study was conducted to grasp the present condition of the name and the related text of the domestic laws (97 statutes, 1 examination, 1 guide, 3 ordinances, 1 leading case) in force which were connected with landscape plant and planting. Examining the general tree-planting system of America, the related foreign laws(1 constitution, 44 statutes, 31 ordinances, 6 leading cases) were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. To examine the points at issue of the related domestic laws and to study the related foreign laws, the remedies for the domestic laws being at issue were proposed. That is : A change of the landscape planting concept, the introduction of the landscape planting cost compared with the total construction cost, the unification of the landscape planting ordinances as the unit of city, the clarification of the completion period for the depect of the replaced trees. putting the conservation and production of the top soil under an obligation the adoption of a licence system for the tree planting within the river area, the introduction of the allotment system for landscape architectural expenses, the encouragement of making a hedge, the settlement for the problems of the trees loss compensation, the necessity for the quality test to the landscape planting works, the intensification of the punitive rules to the illegal felling and planting of the trees in the greenzone area, the application of the Labor Standard Act to the landscape planting laborers. The laws relating to landscape plant and planting are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the legislation of the singular law which is applied uniformly to the department of the tree-planting. Hereafter it should be required to analyze concretely in detail the each text of the related laws by means of the joint studies between the professional landscape architects and the lawyers.

  • PDF

Overview of Alternate Dispute Resolution with Special Reference to Arbitration Laws in Pakistan

  • Won, Sung-Kwon
    • Journal of Arbitration Studies
    • /
    • v.23 no.3
    • /
    • pp.149-167
    • /
    • 2013
  • Arbitration is one of the prominent and widely practiced forms of Alternate Dispute Resolution. Different countries are strengthening their alternate dispute resolution mechanism, and focusing on arbitrations is a very important edge. Pakistan is in the phase of developing effective laws and policies to strengthen the process of arbitration. The Pakistan Arbitration Act of 1940 is very important to discuss and along with domestic laws the applicability of the international conventions must be discussed. This paper analyzed the situation of arbitration laws in Pakistan with respect to both the domestic laws and international laws applicable in the country.

  • PDF

A Review on the Domestic and Foreign Lawa Connected with the Environmental Comservation and Ecology from Sandscape Architectural Point (조경적 측면에서의 환경보전 및 생태학 관련 국내, 외 법규에 관한 고찰)

  • 신익순;김용수
    • Korean Journal of Environment and Ecology
    • /
    • v.11 no.1
    • /
    • pp.18-36
    • /
    • 1997
  • This study was conducted to analyze the text relating to the environmental conservation and ecology among the text of the constitution of Korea and collect the domestic laws(40 statutes, 1 guide, 1 leading case) and the foreign laws(1 constitution, 34 statutes, 2 ordinances, 3 leading cases). To make the text of the collected domestic and foreign laws a comparative analysis of the conceptual principle, plan establishment and project operation, types, policy and allied projects, rights and duties, allowed and restricted acts, environmental impact assessment and administration procedure and system of the environmental conservation and ecology by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with the environmental conservation and ecology from the other department and carry out the advanced environmental works.

  • PDF

An Analysis on the Properties of the Domestic Laws Connected with Ecological Restoration Materials (생태복원재료 관련 국내 실정법의 속성 분석)

  • Shin, Ick-Soon
    • Journal of the Korean Society of Environmental Restoration Technology
    • /
    • v.7 no.1
    • /
    • pp.85-96
    • /
    • 2004
  • The purpose of this study is to present the legal object in the related legislation taking the present condition of the domestic laws and the leading cases connected with ecological restoration materials and analyzing their properties according to the analytic standards which are legal class and ecological restoration material items, the present condition by the field of ecological restoration business, interrelationship between the law and the leading cases, comparison of the domestic laws with the foreign regulations. The results of this study are as follows; 1) Detailed enforcement regulation(36.5% of totals), enforcement regulation(32.4%) and law(31.1%) as legal class of the domestic legislation relating to ecological restoration materials are in the order of frequency that shows the little strong frequency at low-ranking class. By items, the number of legislation relating to planting material holds about majority, next to it, stone material, soil material and wood material are in the order of frequency. 2) By the field of ecological restoration business, legislation relating to administration forms the highest frequency(36.3% of totals), next to it, material properties(23.4%), plan design(13.0%) are in the order of frequency. 3) For the number of the leading cases by items of ecological restoration materials, those are, for the most part, them relating to planting material(93.8% of totals). The number of legislation relating to planting material forms the highest frequency at laws and the leading cases in common. 4) The domestic legislation connected with ecological restoration materials is mainly to be in legal class of the positive law, on the contrary, a foreign country has legislation widely consisted of laws, ordinances and other general regulations. Some foreign country legislated the topsoil conservation act, but not to domestic. The result of this study will be applied to legislature and court as reference materials, and to the public and public officer as a means of an understanding of ecological restoration materials.

The analysis of the foreign laws related to landscape architecture and a study on the reasonable application to the expected organic law for landscape architecture in Korea (외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.25 no.3
    • /
    • pp.66-88
    • /
    • 1997
  • There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

  • PDF

A Comparative Study on Laws and Policies of Advanced Countries to Prevent Fall Accident (건설현장 추락재해 방지를 위한 해외 선진국간의 법령비교연구)

  • Oh, June-Seok;Lee, Joo-Hyeong;Jeon, Sang-Sub;Son, Ki-Young
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2019.11a
    • /
    • pp.199-200
    • /
    • 2019
  • Although accidents in the domestic construction industry have been decreased gradually, deaths in the construction sites have been occupied 49.9 percent of the total industry and deaths from fall accident have been accounted for 59.7 percent of the construction industry. In order to prevent fall accident, Occupation Safety and Health Act(OSHA) was enacted for setting management standards and detailed regulations was designed by the Ministry of Employment and Labor. Although government has been pushed for companies and workers to comply the regulations, currently, many domestic construction sites have been violated. On the other hand, in safety-advanced countries such as the United States, Japan, and the EU, industrial accidents have been decreased due to continual application of adapted safety policies according to characteristic in each country. Therefore, it is necessary to analyze laws and polices of advanced countries and apply them to domestic construction sites in order to reduce fall accidents. Therefore, the objective of this study is to compare domestic laws related fall accident with advanced countries laws. In the future, the results of this study will be utilized as a reference to reinforce Occupation Safety and Health Act(OSHA).

  • PDF

A Study on the Introduction of Zoning in Biosphere Reserves: Focusing on the Laws Related Protected Areas

  • Lee, Young-Jin
    • Journal of People, Plants, and Environment
    • /
    • v.24 no.1
    • /
    • pp.95-105
    • /
    • 2021
  • Background and objective: A biosphere reserve is a complex concept that combines the preservation of biodiversity and the sustainable development with the region, outstanding ecosystems with worth conserving in worldwide. The purpose of this study is to suggest the way of zoning that can perform the functions of conservation, development, and logistics support of biosphere reserves. Methods: To meet the purpose of this study, the designation criteria, restrictions, and permissions of the protected area specified in the law for domestic protected areas were reviewed to classify the functions of a biosphere reserve. Results: Through this classification, 10 domestic protected areas with high ecological protection value, such as the natural beauty of the ecosystem, biodiversity, and habitats for wild animals and plants were derived as the core areas of the biosphere reserves. Also, a total of 21 protected zones that can function as a buffer to protect the core of the natural ecosystem from indiscriminate development such as resource protection, recovery, pollution prevention, and improvement were derived as appropriate sites for a buffer. In the review process, issues such as different behavioral restrictions and ranges of permission due to the application of different laws were identified, if two or more protected areas exist within one of the protected areas, there is a protected area that does not meet the criteria for designating use zone, or where behavior restrictions do not meet the zoning criteria of biosphere reserve, under the laws of domestic protected areas. Conclusion: Although this study was not able to carefully review most of the laws on domestic protected areas that are linked to other laws, it was able to categorize appropriate domestic protected areas that can act as the core and buffer zones of biosphere reserves.

Comparing the Housing Laws related to the disabled in various countries for Aging Society (고령화 사회를 위한 국내·외 장애인 주택관련법 비교연구)

  • Kim, Sang-Woon
    • Journal of The Korea Institute of Healthcare Architecture
    • /
    • v.18 no.2
    • /
    • pp.7-17
    • /
    • 2012
  • The purpose of this study is to be suggested the primary data when housing research related the disabled and the enactment are needed. For the purpose, this study compares the Housing Laws, such as state of legislation, composition and detailed standards in domestic and international. The scope of study is limited each space in 7 types, entrance, corridor, living room, bedroom, bathroom, kitchen, and balcony, then, laws related on each space are compared and analyzed. In addition, comparison of the foreign's Housing laws are focused on Switzerland, Germany, United States of America, and Japan where have systematic and organized Housing laws by in each space. This study were processed as follows: First, domestic and foreign laws are examined throughout state of legislation, composition, detailed standards, and types of the disabled. Then, housing laws that applied institutionally in each country are compared. Finally, similarities and differences of specific standards are analyzed by comparison on space in each country.

A Study on the Changes and Recognition and Enforcement of Foreign Arbitration Awards System in China (중국 중재제도의 새로운 발전과 외국중재판정 승인 및 집행에 관한 연구)

  • Park, Kyu-Yong;Xu, Shi-Jie
    • Journal of Arbitration Studies
    • /
    • v.25 no.2
    • /
    • pp.49-70
    • /
    • 2015
  • There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

A Suggestions for Building Regulation through the Analysis of Problems among the Building Evacuation Laws (건축물 피난규정간 문제점 분석을 통한 법령 개선방향 설정에 관한 연구)

  • Hwang, Eun-Kyoung;Kim, Dae-Hee;Cho, Jeong-Hoon;Hwang, Keum-Sook
    • Fire Science and Engineering
    • /
    • v.21 no.4
    • /
    • pp.105-114
    • /
    • 2007
  • Recently the consideration for occupants' security has been raised as very important design element from the fire by building's large sized, higher storied, and its compounded. But the domestic Laws regulated the predicative laws according to the technical standard which has no difference from the past domestic evacuation regulations. Therefore when big fire occurs, it is not enough to guarantee for occupants to escape safely. Specially since domestic escape relevant laws are divided into Architect relevant law and fire fighting relevant law, it has caused to bring various problems. So This study will show the problems of the evacuation regulation which is registrated in the Architect relevant law and fire fighting relevant law. And also later, when Architect escape relevant laws re-registrate, this study will be used as foundational materials.