• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.133-170
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• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.57-77
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• 2004

According to the dispostions of 1967 Space Treaty, the contracting states should assume legal obligation to assure an authorization and continuing supervision with regard to the national space activities. Any space activities have to abide by the rules of international law as well as specified obligations set by the Treaty. Among several treaty obligations, International responsibility to be bome by the state, and the liability principles are deemed as major outstanding obligations which the state should takeinto account. While nation's first launch site is to be operational in a few years, korean government should assure that its national space activities, such as launching of space object, operation of satellites, etc. should be under governmental authorization and supervision. A legislative effort would be most desirable undertaking for this regard. Especially a specific legislation needs tobe studied forwith such authorization regime so that international responsibilty and the liability as to thelaunching of space object should be under the regulatory scheme. This study focuses upon the necessity of such legislation and proposes some major items and framework for the legislation

• 월간 기계설비
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• s.271
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• pp.55-57
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• 2013

2012년 한 해 동안 근로시간, 임금, 연차휴가등과 관련한 사업장 근로감독 점검과 더불어 산업안전보건법 상 사업주의 의무를 준수하고 있는지 여부에 대한 고용노동부 점검이 연이어 있었다. 종전에는 산업안전보건법(이하 '산안법') 위반 시 1회 시정기회를 부여하고 불이행 시 과태료를 부과하던 것과는 달리 지난 2011년 5월부터는 시정기회 없이 즉시 과태료를 부과하는 것으로 법률이 개정됨에 따라 산업안전보건법을 위반하여 과태료를 내는 사업장이 늘어나고 있다. 본지는 산업안전보건법 상 사업주의 의무사항에 대해 살펴본다.

• 주택과사람들
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• s.189
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• pp.84-85
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• 2006

개정된 건설산업기본법에 공사계약 및 시공 과정에서 부정 행위를 한 건설업자에게 불이익을 주는 기준을 명확히 했다. 건설회사가 감독 · 주의 의무를 게을리 하지 않은 이상 행정처분의 대상이 되지 않는다는 내용도 포함돼 있다. 이번에는 새로 도입된 건산법 규정의 의미에 관해서 소개한다.

• Korean Security Journal
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• no.12
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• pp.245-269
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• 2006

The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

• Journal of the Society of Disaster Information
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• v.10 no.2
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• pp.200-207
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• 2014

In this research, The Police Order No. 2013-1, which is 'Electronic Security 112 Report Standards,' was analyzed and the relevant policy tasks were presented. The policy tasks to achieve the purpose of the selective report system are as follows. First, in order to construct the statistics base, the establishment of the terms related to false alarm and false call, emergency button, and sensing signal and the development of the appropriate term to replace the electronic security guard are needed. Second, the electronic security companies should build the response system to abide by the 112 report standards of the police order. Third, the police should reexamine the establishment of the emergency report objects of the selective report system. Fourth, the reinforcement of the administrative regulation and supervision to enforce the police order strictly is required.

• Journal of the Society of Disaster Information
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• v.7 no.2
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• pp.123-129
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• 2011

The primary agent of civil investigation businesses must be a corporation to line up with public interests, and the government has to carry out the permit system on business owners. As many countries such as those of European and Japan supervise civil investigation business and the police agent supervises guarding businesses, so the police also has to supervise civil investigation business. In many cases, civil investigation businesses deal with private information, and the police has to prevent from infringing customers' basic right by clarifying private information management for punishment. In addition the police has to tighten up customers' obligations. For example the police has to deliver papers about the contents when they enter into or change contract, or after they enter into contract.

• Convergence Security Journal
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• v.13 no.5
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• pp.129-135
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• 2013

The revised security industry law revised 17 provisions among 31 provisions in order to root out the violent event. The main contents of the revised security industry law is the intensitfication of the required condition of permission, intensitfication of the obligation, management strengthening of the public resentment of group field, official, reason of expansion of the expenses instructor and guard, dress and equipment, vehicle, intensitfication of the managing director, intensitfication of the punishment, and etc. However, there is the problem including the putting under an obligation of the arrangement new appointment education, cause provider punishment of the service company violence, awareness of the police to the security company, excessive regulation, intensification of punishment problem, supervision power intensitfication of the revised security industry law is excessive the police, and etc. The individual responsibility education completion method and public resentment of group field in addition to is thought in order to solve this that exclusion of the prior education obligation, revision of the security industry law, burden on tax payers of the extra charge, punishment of the violence request contract trader, introduction of the guard qualification certificate system, and etc. are needed.

• Review of KIISC
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• v.26 no.3
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• pp.58-63
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• 2016

최근 금융IT를 대상으로 한 사이버 공격이 지속적으로 증가되고 있어 금융 정보와 관련된 개인정보유출 및 금융전산망의 마비에 대한 우려의 목소리가 커지고 있다. 이에 따라 금융위원회에서는 "금융전산 보안강화 종합대책"을 발표하며 금융IT에 대한 보안대책의 일환으로 금융전산망에 대한 분리를 의무화시켰다. 하지만, 망분리 정책 실시 이후 금융회사들은 업무 환경과 맞지 않은 일부 규정들로 주요 업무 처리에 대한 어려움을 호소하였다. 이에 금융위원회에서는 금융회사의 업무의 연속성과 투명성을 보장하기 위해 망분리 예외기준을 마련하였다. 본 논문에서는 금융권 망분리의 동향을 살펴보고 망분리 예외기준과 관련하여 신설 개정된 전자금융감독규정 및 전자금융감독규정 시행세칙에 대해 소개하고자 한다.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.