• Title/Summary/Keyword: 국가의 보호의무

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The Listing Procedure for Plant Strengtheners in Germany (독일의 식물강화제 목록공시 제도)

  • Lee, Sang-Beom;Lee, Hyo-Won;Choi, Kyeong-Ju
    • Proceedings of the Korean Society of Organic Agriculture Conference
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    • 2009.12a
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    • pp.277-278
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    • 2009
  • 독일 연방작물보호법(PflSchG-Gesetz zum Schutz der Kulturpflanzen, 1986.9. 15 제정)은 식물강화제(한국의 친환경유기농자재와 동일)에 대한 정의를 3가지로 대별하여 명시하고 연방농림생물학청(BBA)에 신고를 의무화하도록 개정(1998.7. 27)하여 법률적인 근거를 마련하였다. 정부조직 개편으로 인하여 2002년 11월 1일부터 연방소비자보호 및 식품안전청(BVL)에서 유기농자재 등록 허가 업무를 주관하고 있다. 식물강화제는 작물보호법에 의하여 허가되는 농약, 생장촉진제, 작물보조제 및 비료관리법(Dungemittelgesetz)에 의한 식물영양제, 식물보조제, 작물재배 배양토 및 토양개량제 등과는 차별화하여 명시하고 있다. 식물강화제는 독일 작물보호법(PflSchG-Gesetz zum Schutz der Kulturpflanzen; Plant Protection Act) 제1장 제2조 10항에 의거하여 (1)유해생물에 대한 저항력을 높여주는 물질, (2)비기생성 피해에 대하여 식물을 보호해 주는 물질, (3)재배작물 이외의 잘려진 관상식물에 사용되는 물질로 정의하고 있다. 이러한 법률적 정의의 요지는 인간과 동물의 건강 및 자연계에 해로운 영향이 없으면서 식물체에 유해한 생물에 대하여 저항성만을 높여주는 물질을 말하며, 기상 및 환경공해 등에 의한 장해도 유해생물에 의한 것과 동일하게 간주되며 이에 대한 저항성을 높여 주는 물질도 포함시키고 있다. 식물강화제는 원칙적으로 유해생물 방제에 직접적으로 작용시키기 위한 이용목적으로 사용할 수 없으며, 단지 작물의 저항성을 높이는 경우에 한하여야 사용된다. 식물강화제의 등록 허가신청은 생산자, 판매업자 또는 수입업자가 연방소비자보호 및 식품안전청(BVL)에 신청하여야 한다. 이렇게 신청된 식물강화제는 작물보호법 제2조에 의거하여 이루어진다. 연방소비자보호 및 식품안전청의 작물보호제의 관리부서는 특별한 문제가 없는 한 4개월 이내에 등록을 허가하고 목록을 홈페이지에 목록을 공시한다. 목록공시는 통상적으로 매월 초순에 1회 게시된다. 허가 등록 절차는 맨처음 서류가 접수되면 구비서류가 완전한지 여부를 검토하여 신청서류에 문제가 없으면 4부를 복사하여 연방소비자보호 및 식품안전청(BVL, Federal Office of Consumer Protection and Food Safety), 환경청(UBA, Federal Environment Agency), 연방농림생물학청(BBA, Federal Biogical Research Centre for Agriculture and Forestry) 및 위해성평가연구소(BfR, Fedral Institute for Risk Assessment)에 우편으로 해당부서에 발송한다. 4개 기관이 검토한 내용이 서로 상이한 판단을 하였을 경우 연방소비자보호 및 식품안전청은 등록 허가결정을 하기 전에 "전문가위원회"를 개최하여 의견을 청취한다. 전문위원회는 연방농림생물청, 환경부, 위해성평가연구소 연구원 등 작물, 독성 및 환경보호 전문가 25인으로 구성되어있다. 연방소비자보호 및 식품안전청의 작물보호 제2부서(식물강화제 검토부서)는 전문위원과 검토기관의 의견을 종합하여 자체적으로 등록 허가 여부를 결정하여 제품 신청자에게 결정 내용을 통보함으로서 등록절차가 마무리 된다. 독일의 식물강화제, 즉 유기농자재는 국가에서 허가한 제품에 한하여 유기농업연구소(FiBL)에서 허용목록 책자를 만들어 유기농업단체 제공하면 단체에 따라 사용가능 유기농자재 제품을 다시 선별하여 회원에게 알려준다. 2009년 11월 30일 현재 독일의 연방소비자보호 및 식품안전청(BVL)에서 허가 공시한 식물강화제는 490개 제품에 이르고 있다.

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A Study on the Record Management of National Archives of Korea (국가기록물 관리의 현황에 관한 발전적 제언)

  • Kim, Sung-Soo
    • Journal of Korean Society of Archives and Records Management
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    • v.3 no.1
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    • pp.159-184
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    • 2003
  • In this research the issues of record management of national archives in Korea are classified into four categories: 1) improving the status of the Central Archives of Korea, 2) constructing a new national archives, 3) revising the law on the record management, 4) creating qualifications for a professional administrator for Archivist. 1) In order to strengthen the function of the Central Archives of Korea, it is very urgent to create a systematic mechanism in which the Central Archives oversees and administers public archives(documents) collected from all the public institutions not only under the Administration but also the legislature and the judicial authorities. 2) This paper suggests that a new National Archives should be a symbolic building representing Korea as archives. Considering the fact that Presidents archives will be a part of this new National Archives, it also suggests that artistic and decorative pieces which embody Korea's representative archives or people should be included in the building. The budget for these should be supplied by the government. 3) This paper looks at the matter of revising the law on Record Management in two respects: (1)strengthening the function of the Central Archives of Korea, (2)making it obligatory to produce archives not open to the public, or making a protection clause for secret archives. This paper proposes that the Central Archives of Korea will be able to collect all the public archives from all the public institutions, and to oversee and administer them by revising the 5th and 6th clauses of the current law on the record management. It also proposes that some laws which make it obligatory to produce archives for documents not open to the public, and which protect those secrecy. 4) Regarding the qualifications for a professional administrator for the record management, this paper suggests lowering the qualification a little to the bachelor's degree of the record management. Also it suggests taking into consideration the persons in charge of the record management in public institutions and acknowledging their qualifications after a certain period of training at the Central Archives of Korea or something like that. In addition, it classifies the ranks of the professional administrators according to their qualifications.

E-government, Big Brother, Information Capitalism - Focusing on the NEIS Problem (전자정부, 빅 브라더, 정보자본주의 - 네이스 문제를 중심으로 -)

  • Hong Seong-Tae
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.31-57
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    • 2004
  • Controversies over NEIS(Network of Education Information System) began with very deep concern about infringement of human rights stemming from NEIS. A large information system which accumulates and uses huge size of individual information is always able to deeply infringe on human rights. But the ministry of education would not do the best not to be 'Big Brother' being dazzled by instrumental efficiency of information technology. NEIS has demonstrated problems of the information policy of Korea strongly driven in the name of 'E-goverment'. It has very strong characteristic of the statist economic growth policy focusing on more economic possibility than other. In this situation, making money is easily considered more important than protecting human rights. Information capitalism is nurtured at the sacrifice of human rights. So, we have to face problems of 'E-goverment' in order to correct the NEIS problem, The most important task to correct the NEIS problem is to make an element law protecting privacy and to establish an independent national institute protecting privacy

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The Analysis of Hysteresis in Youth Unemployment (청년실업의 이력현상 분석)

  • Kim, Namju
    • Economic Analysis
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    • v.25 no.2
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    • pp.96-131
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    • 2019
  • Initially entering into the job market during hard times with unfavorable market institutions has a persistent, negative effect on young workers' subsequent employment. This paper analyzes hysteresis in youth unemployment by using a composite fixed-effect panel data model. Data sets for the age-cohort unemployment rate and for labor market institutions are constructed from OECD statistics from 21 advanced economies, including Korea, from 1985 to 2017, and are then readjusted to match with the peculiarities of the Korean market. In Korea, with a less-aggressive stance on active labor market policy spending, a male worker who experiences a one percentage point higher youth unemployment rate when he was 20- to 29-years-old has a 0.146 percentage point higher unemployment rate at the ages of 30-to 34-years-old and a 0.035 percentage point higher unemployment rate at the age of 35- to 39-years-old. These figures are larger than those in most countries that have more aggressive spending schemes. These findings point out that hysteresis in the Korean labor market can be mitigated by expanding active labor market policy spending more aggressively and more effectively.

A Study on the IMO Regulations regarding GHG Emission from Ships and its Implementation (선박기인 온실가스 배출에 대한 IMO의 규제와 이행방향)

  • Lee, Yun-Cheol;Doo, Hyun-Wook
    • Journal of Navigation and Port Research
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    • v.35 no.5
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    • pp.371-380
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    • 2011
  • Traditionally, UNCLOS stipulates that States have the obligation and responsibility to protect and preserve the marine environment and exercise their rights in Principle of Non-Discrimination with respect to foreign ships visiting to port states. UNFCCC and Kyoto protocol established Common but Differentiated Responsibility as the basis which is established on the historic responsibility. The principle in which IMO is presently developing the regulations of Green House Gas emitted from ships is contradict with the principle of UNFCCC regime. In this paper, the development and the principle of UNFCCC and Kyoto protocol is surveyed and it provides the tendency of the IMO activities regarding GHG emission from ships. Also, through consideration of the problems and restrictions drawn from comparison between two principles, the conclusion suggests the fundamental theory and implementation means in order to carry out the purpose of IMO regulations in accordance with the principles of UNCLOS and IMO Convention.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

A Study on Hepatitis Infection Risk of Funeral director related to wearing PPE(Personal Protect Equipment) (한국 장례종사자의 개인보호물품 착용에 따른 A형 간염, B형 간염 위험도 및 로지스틱 분석)

  • Hwang, Kyu-Sung;Kim, Jeong-Lae
    • The Journal of the Convergence on Culture Technology
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    • v.3 no.2
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    • pp.15-20
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    • 2017
  • We are investigated about the Hepatitis infection risk of the funeral director related to wearing PPE(Personal Protect Equipment) within Metropolitan, Chungcheong and Gyeongsang regions in Korea. We are classified that the vaccinated group was classified as low risk group and the non-vaccinated group was classified as high risk group. And we are analyzed the risk rate of infection based on whether or not to wear PPE(personal protective equipment) among high-risk groups. The result is as follows. The mask wearing rate of high-risk group about HAV(hepatitis A virus) is three times lower than that of low-risk group. The surgical glove wearing rate of high-risk group about HBV(hepatitis B virus) is twice lower than that of low-risk group. The surgical glove and mask not wearing rate among the high-risk group observe that potential infection risk was high 4.23 times and 3.5 times, respectively. We are concluded that increasing the risk of potential infection risks from the funeral director could result in increased risk of infection to national public health, including the bereaved family. We are suggested that the funeral director must be bound to vaccinate against hepatitis and make PPE mandatory. It is deemed necessary for the government to develop policies to promote personal health and national health care.

Improving Research Information Security in Academic Institutes through the Analysis of Security Awareness and Activities (보안 인지 및 실천 현황 분석을 통한 대학 연구정보보안 수준 제고 방안)

  • Park, Il-Hyung;Kim, Seong-Woo;Seo, Seung-Woo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.20 no.2
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    • pp.91-108
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    • 2010
  • Universities are one of leading R&D institutes, however, their scarce security investment allows research information to leak outside. This paper proposes methods for improving security level of academic institutes to protect research information by analyzing security awareness and activities. To do that, we verified the current status of information security and awareness level by analyzing the survey which was conducted for a member of Seoul National University. As a result of statistical analysis using correlation, analysis of variance, multi regression and so on, we concluded that it is essential to improve security awareness, activities, professor's security level and management process for research labs. Thus, we suggest the following methods, security awareness and knowledge development through education, security management for research labs through provision, introduction of data protection softwares and physical control of visitors which are to be adopted to improve security level.

An Examination into the Illegal Trade of Cultural Properties (문화재(文化財)의 국제적 불법 거래(不法 去來)에 관한 고찰)

  • Cho, Boo-Keun
    • Korean Journal of Heritage: History & Science
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    • v.37
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    • pp.371-405
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    • 2004
  • International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.

Permanency Plan for Adults with Mental Illness : Focused on Mental Health System of New Zealand (성인정신장애인의 평생계획모형 : 뉴질랜드 정신보건서비스를 중심으로)

  • Seo, Mi-Kyung
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.33-56
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    • 2006
  • Primary care takers, especially older parents, who live with and care for an adult child with mental illness struggle with the dilemma of who will provide for their child's social and emotional needs and physical care requirements when they can no longer care so. Therefore, 'Permanency plan(financial, residential, legal plan)' is very important for social integration and normalization of mental illness adults. This study aims to introduce the mental health systems in New Zealand and to investigate the permanency plan strategies(benefit, supplements, and the laws) of the government and community support services of NGOs through the interviews with team leaders of representative NGO, Te Korowai Aroha. Permanency plan strategies of New Zealand Government and NGOs are as follows. 1) Financial plans for adults with mental illness include main benefit(invalid benefit), various allowances(family allowance and disability allowance), and wage subsidies for employment. 2) The Government provide accommodation supplement and re-establishment grant for residential plan. And NGOs have supported accommodation program to provide support and accommodation that are important for social integration. 3) Adult mental illness is provided the support of welfare guardian and property manager under the Protection of Personal and Property Rights Act. According the results, this study concluded that social services for the mental illness which secure supported accommodation and benefits is strongly needed. At the same time, mental health delivery system is needed to make distinction between social services and clinical services.

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