• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Korean Journal of Construction Engineering and Management
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• v.15 no.5
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• pp.94-102
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• 2014

This study analyzes necessity of expanding construction insurance and estimates required budget. Construction insurance is obliged by National Contract Law and Local Contract Law to protect projet owners and contractors from any unexpected construction risk such as financial losses in construction process. Currently the contracts of design-build and alternate-bid projects as well as PQ project, which are greater than 20 billion won, require the contractors to provide construction insurances in Korea. Insurance premiums are borne by the public project owner. Those contractors whose contract volume is less than 20 billion won burden all risks of projects at their cost. This causes equity problem. Because small-and-medium contractors are discriminated against large contractors since insurance-obliged projects are performed by large contractors and insurance premiums are borne by the public project owner. On the other hands, in all engineering projects, regardless of volume, insurance premiums are borne by the project owner. Therefore current regulation has to be improved, by expanding to all public projects. The average ratio of unobliged projects is 46%, in recent 3 years, prime cost of insurance companies is estimated 0.2%. Moreover considering risks of each construction type, prime cost of unobliged works is estimated as 0.13%. Hence additional necessary budget is estimated to be 2.09 billion won if total volume of public work is 3.5 trillion won. And 2.39 billion won is derived if total volume of public projects is 4 trillion won.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.97-158
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• 2010

The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

• Proceedings of the Korea Water Resources Association Conference
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• 2016.05a
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• pp.129-129
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• 2016

기후변화의 영향으로 인한 자연재해의 대규모화에 따라 가뭄재해가 농촌지역에 중대한 피해를 끼칠 수 있는 여지가 확대되고 있다. 그러나 4대강 살리기 사업으로 인하여 대하천의 정비가 강화되었지만 농촌지역 주변의 중소하천은 여전히 기후변화에 취약한 현실이다. 농촌지역의 가뭄재해에 대하여 국가 및 지방자치단체, 공공기관이 효과적으로 대처하기 위해서는 농촌의 특성을 충분히 고려한 대응책을 마련하는 것이 중요하며, 이에 본 연구에서는 "자연재해대책법 시행규칙" 및 "재난 및 안전관리 기본법 시행령", 그리고 "농어업재해대책법 시행규칙"에 있어서 가뭄관련 조항의 개정을 제안하였다. "자연재해대책법" 제2장(자연재해의 예방 및 대비)에서는 풍수해(제2절), 설해(제4절) 에 이어 가뭄에 대한 예방 및 대비를 규정(제5절 29조-33조)하고 있다. 제29조는 가뭄방재를 위하여 필요한 조사 및 연구를 수행하여야 함을 규정하고 있는데, 여기서 '필요한' 조사 및 연구는 시행령 혹은 시행규칙 등을 통해 명확히 할 필요가 있으며, 제30조는 가뭄재해 극복을 위해 제한 급수 및 제한 발전 등의 조치를 취할 수 있다고 규정하고 있으나, 조치를 취함으로써 발생하는 손해 배상 규정의 삽입이 필요하다. "재난 및 안전관리 기본법" 제8조(다른 법률과의 관계 등) 2호에서 제3조1호 가목의 규정에 해당하는 재난(가뭄 포함)의 예방 복구 등에 관해서는 '자연재해대책법'이 정한 바에 따르도록 규정하고 있기는 하지만, 자연재해로 인한 재난에 대해서는 소극적 규정으로 판단된다. 그리고, 제4장(재난의 예방)에 있어서 재난은 제3조1호의 가목(자연현상으로 발생하는 재해), 나목(사회적 재해), 다목(국가기반체계와 관련된 재해) 각각의 경우에 따른 예방대책의 수립이 필요하다. 각 조항의 개정은 농촌지역 가뭄재해에 대한 정책활용을 염두에 두고 개정안을 제시하지만, 법령 자체의 목적 및 타법과의 정합성 등 대한민국 법체제의 통일성 및 안정성을 최대한 반영하였다. 해당 조항의 개정으로 농촌 및 농업지역의 특성을 반영한 다양한 가뭄대응 정책의 활용을 도모하고 가뭄재해로부터 안전한 영농환경이 구축될 수 있을 것이 기대된다.

• Korean Security Journal
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• no.44
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• pp.251-278
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• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2017.05a
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• pp.71-79
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• 2017

조종사가 탑승하지 않고도 지정된 임무를 수행할 수 있도록 제작된 무인항공기(드론)가 다양한 장비(광학, 적외선, 레이더 센서 등)를 탑재하여 활용되고 있다. 지금까지는 국가안보 유지 수단으로서 감시 정찰 정밀공격무기의 유도 등의 임무를 수행하여 왔다. 최근에는 민간부문에서도 다양한 용도로 활용되고 있어서 정부(국토교통부 산업통상자원부)는 무인항공기의 국내경제발전의 파급효과를 인지하고, 세계 무인항공기시장에서 우선순위를 선점하기 위해 투자확대를 기해 왔다. 무인항공기시장이 산업발전과 고용촉진에 도움이 되어 국내경제에 긍정적인 효과가 많다고 하더라도 무인항공기의 안전운행을 담보할 다양한 법적 제도적인 장치의 마련이 필요하다. 따라서 무인항공기로 야기되는 다양한 유형의 사고를 검토하여 이에 대한 법적 책임에 대한 분석이 필요하다. 무인항공기의 사고는 운영자의 운영상의 과실로 인한 사고도 있고 무인항공기 자체의 결함으로 인한 사고도 발생할 수 있다. 또한 운행자의 고의과실로 인한 타인의 권리(프라이버시권 등)를 침해하는 경우나 무인항공기끼리의 충돌사고도 발생할 수 있다. 이러한 사고로 인한 책임은 민사책임으로서 대부분 지상 제3자에 대한 생명 신체 또는 재산상의 손해배상책임이다. 이러한 책임을 규율하는 국제협약으로 로마협약이 있지만 체약국이 없기 때문에 국제협약으로서의 역할을 못하고 있다. 따라서 현재로서는 각국의 국내법에 의하여 해결될 가능성이 많을 것으로 생각된다. 무인항공기 운영자의 과실로 인한 사고는 민법이나 상법이 적용될 수 있고, 무인항공기의 제작결함으로 인해 사고가 발생하였을 경우와 시스템의 오작동으로 인해 사고가 발생하였다면 제조물 책임을 물어야 할 경우도 있을 수 있다. 이러한 법적 쟁점에 대한 검토를 통하여 무인항공기 공급과 활용의 확대로 인한 다양한 사고발생과 책임범위를 명확히 하여 사고당사자들의 책임관계를 인식시키는 것이 필요하다.

• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• Journal of agricultural medicine and community health
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• v.37 no.3
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• pp.111-130
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• 2012

Objective: The purpose of this study was to identify and compare social capital measurement tools for the convenient use in public health studies. Method and result: This study examined and compared social capital tools developed individually by the World Bank, the OECD, the United States, United Kingdom, Canada, Australia, Ireland, and Korea. A comprehensive framework was constructed with six conceptual dimensions and sixteen indices. The six dimensions included Membership, Network, Trust, Information and communication, Social and civic participation, and Social cohesion and exclusion, which connoted the structural, cognitive, bonding, bridging, operative, and output elements. The indices of each tool were respectively matched to the indices of the comprehensive framework. The comprehensive tools were Integrated Questionnaire for the Measurement of Social Capital (SC-IQ) of the World Bank with 27 questions and the European Social Survey (ESS) of the OECD with 80 questions. Conclusion: The SC-IQ should be utilized in public health studies due to its simplicity yet comprehensiveness as a social capital tool. The ESS should also be considered as a comprehensive tool.

• The Journal of the Korea institute of electronic communication sciences
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• v.3 no.4
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• pp.204-209
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• 2008

Marine accidents show various causes and effects in Korea where 3 sides of the country are surrounded by the ocean. Every year, 600 to 700 marine accidents occur mostly by small fishing boats. There are repeated accidents which involve crashes of coastal ships with fishing boats, which produce casualties and massive environmental hazard and the need for underwater search for shipwrecks. From the beginning of 21st century, the decrease of large ships with large number of crews led to the emergence of digitalvessels and the digital data storage of the installed equipments on the vessels, marine digital forensic - the extraction and analysis of the stored digital data within digital vessels - became necessary. This article is intended to suggest marine digital forensics as a solution of collecting evidence for discovering the causes, liabilities and compensations of marine accidents.