• 제목/요약/키워드: DOMESTIC LAWS

검색결과 492건 처리시간 0.034초

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

  • 신익순;김영수
    • 한국조경학회지
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    • 제25권1호
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    • pp.47-61
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    • 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.

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

  • Won, Sung-Kwon
    • 한국중재학회지:중재연구
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    • 제23권3호
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    • pp.149-167
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    • 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.

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

  • 신익순;김용수
    • 한국환경생태학회지
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    • 제11권1호
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    • pp.18-36
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    • 1997
  • 본 연구는 조경적 측면에서의 모법인 대한민국 헌법의 여러 조문 중에서 환경보전과 생태학이라는 객체에 직, 간접적으로 관련되어 있다고 판단되는 조문들을 자연과학적 관점에서 분석했으묘, 현재 적용되고 있는 환경보전과 생태학과 관련된 국내법(법률: 40종, 지침: 1종, 판례: 1종)과 국외법(헌법: 1종, 법률: 34종, 조례: 2종, 판례: 3종)을 수집, 비교하였다. 또한 수집된 국내, 외 관련볍규를 법조문상의 내용을 기준으로 하여 환경(생태)보전의 기본원칙 및 개념, 계획수립과 사업시행, 유형, 정책 및 관련사업, 관련권리(권한) 및 의무(책임), 허용 및 규제행위, 환경영향평가 및 행정절차, 제도 등의 항목별로 분류하여 비교, 분석해 봄으로써 여러 법률에 산재해 있는 환경보전과 생태학 관련법규를 일목요연하게 조합하여 상호 관련성을 고찰해 보고, 외국의 각국들이 어떻게 환경보전과 생태학 관련 법규정들을 타 분야로부터 독립시켜 왔으며, 환경적인 측면에서 선진화된 사업을 해오고 있는가를 검토해 보았다.

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

  • 신익순
    • 한국환경복원기술학회지
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    • 제7권1호
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    • pp.85-96
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    • 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.

외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구 (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)

  • 신익순
    • 한국조경학회지
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    • 제25권3호
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    • pp.66-88
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    • 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.

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

  • 오준석;이주형;전상섭;손기영
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2019년도 추계 학술논문 발표대회
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    • pp.199-200
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    • 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).

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

  • Lee, Young-Jin
    • 인간식물환경학회지
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    • 제24권1호
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    • pp.95-105
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    • 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.

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

  • 김상운
    • 의료ㆍ복지 건축 : 한국의료복지건축학회 논문집
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    • 제18권2호
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    • pp.7-17
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    • 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.

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

  • 박규용;서세걸
    • 한국중재학회지:중재연구
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    • 제25권2호
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    • pp.49-70
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    • 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.

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

  • 황은경;김대희;조정훈;황금숙
    • 한국화재소방학회논문지
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    • 제21권4호
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    • pp.105-114
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    • 2007
  • 최근 건축물이 대형화, 고층화, 복합화됨에 따라 재난사고에 대한 재실자의 인명안전과 재산보호를 위해 건축물 피난설계에 대한 관심이 매우 높아지고 있다. 하지만 우리나라의 경우 기술적 기준에 의한 사양적 관련법령 규정이나 건축주나 건설설계자 등 관계자의 인식부족 등으로 인해 화재시 재실자의 피난에 대한 고려는 매우 미흡한 실정이다. 특히, 국내의 피난관련 규정이 건축법과 소방법으로 양분화되어 있어 지속적인 법 개정에도 불구하고 다양한 문제점이 발생하고 있다. 이에 본 연구에서는 건축법과 소방법간의 피난관련 규정의 문제점을 도출하여 향후 건축물 피난관련 법령의 개정을 위한 기초적 자료를 제시함에 그 목적이 있다.