• Title/Summary/Keyword: 관계법률

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Runoff Characteristics and Relationship between Non-point Source Pollutants from Road (국도에서 발생하는 비점오염물질 유출특성 및 상관성)

  • Son, Hyun-Geun;Lee, So-Young;Lee, Eun-Ju;Kim, Lee-Hyung
    • Journal of the Korean Society of Hazard Mitigation
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    • v.8 no.5
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    • pp.59-64
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    • 2008
  • The urban is possessing of various landuses such as commercial, industrial, residential and official areas. All of these landuses is including the paved areas that are roads and parking lots. The NPS (nonpoint sources) pollutants are generally originated from pavement areas in urban by human activities. Especially the roads are stormwater intensive landuses because of high vehicle activities and high imperviousness. The main NPS pollutants from roads are particulates and metals from vehicles and pavements. The Korea MOE (Ministry of Environment) is developing the NPS control program to reduce the NPS pollutants from the basins. However, it is not easy to control the NPS because it has high uncertainty by characteristics of rainfalls and watersheds. Therefore, this research was conducted on characterizing the runoff and providing mean EMC from roads. The monitoring were performed for total 16 rainfall events from a road in Youngin City since 2006. The results show that the TSS is highly correlated with other pollutant parameters. The statistical regression models using TSS EMC have been developed to easily determine the EMC of other pollutant parameters.

A Study on the Determining Factors For Assessment Criteria of Project Performance Capability of CM(Construction Management) Considering Safety (안전을 고려한 건설사업관리용역업자(CM) 사업수행능력 평가기준 요인 도출 연구)

  • Kim, Do-Su;Kim, Baek-Joong;Shin, Yoon-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.19 no.6
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    • pp.557-566
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    • 2019
  • The construction industry has the most safety accidents of any of the domestic industries. Special care must be taken because disasters in the construction industry lead to social problems caused by huge property losses and casualties. As a result, there is a growing awareness of disasters occurring in the construction industry, and government departments are tightening their regulations on safety management. In particular, the OSHA (Occupational Safety and Health Agency) focuses on the expansion of protection targets and the clarification of responsibility in the full amendment OSHA. As a result, a study that focuses on the client's responsibility for safety management is needed. In this study, the project performance capability assessment of construction project management contractors, which is being carried out with uniform assessment criteria without considering the characteristics of the construction project, is considered and all the amendments to the OSHA are considered, and the factors were derived for improvement measures.

Management of Korean Biological Resources for Access Regulation and Benefit-sharing (접근규제와 이익공유를 위한 효율적인 생물유전자원 관리 방안)

  • 김기대;오경희;이병윤;김말희;김태규;이은영;노환춘;이민효;이덕길
    • Korean Journal of Environmental Biology
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    • v.22 no.2
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    • pp.259-264
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    • 2004
  • Convention on Biological Diversity has authorized national sovereignty over biological resources so that legislative framework should be established. In biological resources management, the access to biological resources and the benefit sharing arising out of their utilization are two most important steps. Bonn guidelines adopted by the 6th COP of the Convention on Biological Diversity contain MAT (Mutually Agreed Terms) and PIC (Prior Informed Consent) indispensable to implement the access and benefit-sharing process. MAT is contractual agreement between provider countries and use entities while PIC is a specific measure associated with consent prior to access to biological resources. Moreover, the guidelines include the responsibilities of national focal point and competent national authority, incentives and so on. Our laws related to access to biological resources have no items on benefit-sharing and intellectual property rights. The role of the competent national authority is very important to coordinate the organization controlling information availability, opening to the public, and intellectual property rights with other stakeholders. But, the national regulations must not interfere with academic studies on biological diversity and disobey the two objectives of the Convention on Biological Diversity, the conservation of biological diversity and its sustainable use.

A Study on the Development of North Korea's Economic Development Zones through Development Cooperation between South and North Korea (남북 개발협력을 통한 북한 경제개발구 개발 연구)

  • Kwon, Ki Chul
    • Land and Housing Review
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    • v.6 no.2
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    • pp.49-60
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    • 2015
  • North Korean leader Kim Jong Un decided to open 19 Economic Development Zones which are located in all over the country, as a new economic development strategy. The strategy is estimated for accepting change from socialistic planning economic system into socialistic market economic system gradually. South Korean government is busy preparing for reunification between South and North Korea. Recently, many forums and seminars for the issue, 'reunification' are held by public side as well as private sector. This study is focused on making practical strategy for developing 13 Economic Development Zones which were established in 2013 in concurrence with South and North Korea. The study assessed investment potential of the 13 zones in terms of locational, economic and legal competency from the investor's perspective of south koreans. 5 E.D.Zs, Songrim, Hyungdong, Heungnam, Chungjin, Waudo were chosen to be developed on the preferential basis. Development cooperation between South and North Korea on the 13 E.D.Zs will increase the income of north koreans in rural areas by creating jobs, contribute to boost North Korea's economic growth, and bring forward economic integration between South and North Korea.

Some Legal Arguments on the Google Book Search and Library Information Digitization (구글 북서치와 도서관 자료 디지털화의 법률문제)

  • Kim, Yun-Myung
    • Journal of Information Management
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    • v.41 no.2
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    • pp.133-159
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    • 2010
  • Books in libraries can be highly refined information. Google invests digitization of books in libraries. But the digitization of books that has a variety of interests, coupled with several problems, including class action, in addition the many critical discussions are underway. Korea pushed the national digitization projects, what are libraries' digitizing their collection of many books. Of course, in publishing and digitization of the target is limited to books published ahead of Google. However, the Library Act was amended for the reposition of online materials, but only in the ways that Google's case is different. Library Act permits collection of online resources through the library to allow, the legislation can be considered as leading act. However, online data is publicly not available through the Internet, so this service hae limited means and range unlike Google. This paper, the digitization of books in the library due to copyright, examines the legal issues looking for the desirable solution. Physical library's main role had been kept the book, but we use the book in terms of policies needed to consider. To overcome these limitations of Copyright Act, this paper researches the relation of Google Book Search in our Copyright Act, and considers introduction as the fair use doctrine and the digital repository system.

A Study on the Enactment Proposal of the Ship sale & Purchase in Maritime Law (해사법상 선박매매에 관한 입법적 고찰)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.51-55
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    • 2007
  • This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

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A Study on Trends for Reforming the Rule of Warranty in English Insurance Contract Law (영국 보험계약법 상 담보법원칙의 개혁동향에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.209-240
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    • 2012
  • Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

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The Plan of Social Security network for Prevention of School Violence (학교폭력 예방을 위한 사회안전망의 구상)

  • Kim, Tae-Jin
    • Korean Security Journal
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    • no.13
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    • pp.169-192
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    • 2007
  • School Violence is one of the most serious problems faced by Korean. As this serious problem becomes social issue in nation, many researchers have tried to find out the most effective solution of that problem and the reasons for why prevention of school violence are failed in such mind-hurting activities. The government and NGO proposed many the alternative to prevent the school violence. But the effectiveness of the alternatives art questionable. Last year Busan Metropolitan Police Agency and Busan Education Administration proposed new alternative in united cooperation which is namely Administration proposed new alternative in united cooperation which is namely 'school police' for school violence. School Police is composed of the retired teachers and ex-police officer, to do a prevention activity of school violence, which is expected to effectively curtail school violence in the assigned school. It is first networking try to prevent of school violence as a team of police and teachers in Korea. But the type of Korean school police system is different from American's school police, like as LASPD which is of sworn police officers. Korean school police is to employ a kind of school liaison officers. Though 'School Police System' got good reaction from students and citizen in Busan, It has some defects to be solved in future. So it hard to note that their efforts have been successful in curtailing the prevalence of school violence. In this paper, I present the new type of new 'Social Security Network Model' for school violence by repairing of 'korean school police system'. The problem of the school violence is not the problem of the school but the problem of society. In such viewpoints, It is important to plan a security network model which is participate in police officers, teachers, community and government. To prevent school violence effectively, I propose this new social security network model which based on theory of Community Oriented Policing, aggressive policing and CPTED technique.

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A Study of the Summary Trial System's Reform Measures (현행 즉결심판제도의 개선방안 연구)

  • Kwak, Young-Kil
    • Korean Security Journal
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    • no.13
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    • pp.47-70
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    • 2007
  • The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

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Recognition of Occupational Accidents related Multiple Sclerosis and Its Implications (다발성 경화증의 업무상 재해 인정과 그 시사점 : 대법원 2017. 8. 29. 선고 2015두3867 판결을 중심으로)

  • Jeon, Byeong-Joo
    • The Journal of the Korea Contents Association
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    • v.17 no.10
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    • pp.559-566
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    • 2017
  • Despite the government operating various preventive programs to ward off accidents and diseases on business sites, diseases rates are not decreasing, unlike accident rates. In many cases, diseases caused by work have a latent period before symptoms appear or progress over a longer term, making it difficult for workers to prove the causal relation between their work and the diseases. Moreover, data related to the business site are mostly owned by the employer. Even if the employee has access to parts of such data, his lack of medical expertise limits his ability to identify the characteristics of the diseases and how it appears. In August, 2017 the Supreme Court did an about-face with its ruling on the case involving diseases caused by exposure to harmful substances in work environments, by easing the burden of proof on the employees. As such, this study focuses on the case to analyze cases involving diseases that have occurred in work environments and present their implications. In doing so, the study seeks to provide a basic set of data that can help secure the employees' labor rights and rights to health by complementing the current law in relation to recognizing industrial incidents caused by rare diseases and making work environments safer for employees.