• Journal of the Society of Disaster Information
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• v.10 no.2
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• pp.294-303
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• 2014

The state has the constitutional duty to secure the safety of its citizens and provide protection against any physical dangers. The Republic of Korea has a high threat of nuclear, biological and or chemical(hereafter referred to as NBC) attack from the Democratic People's Republic of Korea. Thus, the state has a responsibility to form a legislation to provide the protection for its citizens and implement duty to guarantee the human rights. Under the current legislation, the 'United Defense Act', 'Framework Act on Civil Defense' that are applied under wartime conditions are insufficient in providing the protection of the citizens of the state in the occurrence of NBC attack. Therefore, it is necessary that the 'Act for the Protection of Citizens in the occurrence of NBC Attack' is legislated to provide a system that protects the nation's citizens under the wartime conditions mentioned above. This paper incorporates a theoretical analysis of the need for the constitutional responsibility of the state to provide protection for its citizens under wartime conditions, the necessity of a specific measure to protect citizens during NBC attack, the relationship between 'Act for the Protection of Citizens in the occurrence of Nuclear, Chemical and or Biological Attack' and current legislations that are applied under wartime conditions, and the particulars of the proposed act.

• Fire Science and Engineering
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• v.23 no.5
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• pp.181-195
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• 2009

Modern constitution obtains its justice by protecting the people's basic legal rights. The constitutional rights can be more than a defensive measure against government power by modern viewpoints. The government has to create an atmosphere which the rights are not violated. The Constitution provides that the government has to make efforts to prevent disaster and protect the people from danger in Clause 34, Art. 6. The government has an obligation to protect the people's basic legal rights of life, health and property from fire damages, and those rights are gathering strength under a socialist state principle as fundamental ideology of modern societies. The present fire inspection system gains a point constitutionally but it still needs to be certified as the most suitable system. This article examines the solution to operate fire inspection system efficiently, given the reality of present system operation. It is necessary to improve the system by integrating the present fire inspection with the self fire inspection. Government needs to re-modification the Fire inspections system for prevent and promote (resolve) the problem which government officer (ex fire fighter) can make a irregularities and corruption as do it oneself.

• The Monthly Technology and Standards
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• s.101
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• pp.38-40
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• 2010

사업자는 소비자와의 관계해서 물품과 용역을 공급함에 있어 소비자의 안전을 보호하고 프라이버시를 침해하지 않으며 소비자의 생명과 신체를 해하지 않는 범위 내에서 최대한의 주의를 행할 의무가 있다. 단적으로 말해서, 광고 행위가 표현의 자유이든 영업상의 권리이든 간에 소비자의 권리를 침해할 자유만은 결코 없다.

• Proceedings of the Korean Society of Broadcast Engineers Conference
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• 2011.07a
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• pp.150-152
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• 2011

최근 들어 일본의 대지진과 같이 "위험사회"에서 발생할 수 있는 여러 현상들이 나타나고 있다. 국가는 위험한 상황을 신속하게 국민에게 전달하여 국민의 생명과 재산을 보호해야하는 중요한 의무를 가진다. 이러한 국가의 의무를 효과적으로 수행하기 위해 국가는 법령에 재난정보전달에 필요한 사항을 규정한다. 본 고에서는 우리나라의 법령 중 재난정보전달과 관련된 법령을 수집하여 분석한다. 이를 위해 헌법, 자연재해대책법, 재난 및 안전관리 기본법, 방송통신발전기본법, 기상법, 마지막으로 민방위기본법과 관련 시행령을 조사하였다. 결론으로 이러한 법령과 관련 조직이 현재 가지고 있는 문제점을 파악하였다.

• The Journal of the Korea Contents Association
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• v.21 no.7
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• pp.281-290
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• 2021

The scope of fire services has been expanded from local fire prevention to rescue and first aid services, and the fire services system has been converted from an autonomous fire services system to a wide-area fire services system, and the status of fire officers has been unified as a national public servant. However, the underlying problem remains unsolved. One is a problem related to the conversion of fire services to state affairs, and the other is that Fire officers converted to national public servants are in charge of fire services which are evaluated as local autonomous affairs. The controversy over the nature of fire service stems from uncertainty and redundancy in the coordination of office function and distribution between the State and Local governments, and incomplete legislation that fundamentally fails to achieve systematic unity of office work and status. The fire service has a national responsibility as an affair that includes the existence of the state and the welfare and order of the people along with the police affairs. That is, affairs related to the safety of the people that protect the lives, bodies and properties of the people should be understood as State affairs. 「The LOCAL AUTONOMY ACT」 stipulates that local governments cannot perform State affairs such as affairs necessary for the existence of the nation, affairs requiring performance in a uniform manner throughout the nation, and affairs of nationwide or similar scale unless otherwise provided by the law. Fire Service should be regarded as such affairs. Considering that the rights to the safety and life of the people and the duty to protect the people are the duty of the nation, it is necessary to keep in mind that the reason for the change fire officers to the national public servants was not basically just a matter of treatment and finance.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.3-29
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• 2014

The Supreme Court made a decision that the doctor cannot be punished for not taking a blood transfusion to the patient, depending on the patient's will to refuse the blood transfusion on June 24, 2014. The reason is that, in a special situation of conflict between the right of patients to self-determination and the duty of care, and when it was impossible to compare whether which has the superior value, if the doctor made a medical practice to respect either of those two values according to the professional sense, he cannot be punished. In principle, the doctor should make medical practices according to the patient's will. However, if the patient's life was at stake, I think, the doctor is obliged to try his best to save the life of patient. Yet to entrust the patient's life to the doctors professional sense, is to give up the obligation of the country to protect lives. In this regard, I think that the Supreme Court Decision should be reviewed, and that an ongoing research is needed.

• Journal of Legislation Research
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• no.44
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• pp.689-723
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• 2013

Suicide is Korea's first leading cause of death in their twenties and thirties. at a rate of 31.2 per 100,000 in 2010. The Korea suicide rate is over twice higher than OECD's average rate. Because of this reality the suicide prevention act(full title, the Act on Prevention of Suicide and Creation of Culture that Respects Life) was enacted in 2011. In 2008, the Korean government planned the suicide prevention programs to decrease the incidence of suicide to approximately 20 per 100,000 by the end of 2013. Despite the plan the suicide rate in Korea has increased to over 30 per 100,000 since 2009 and the plan was proved to be failed. Consequently, the government was unable to lower the suicide rate in last decade. It has shown that the reduction of suicide rate is a difficult and complex problem. This study shows that the root cause of suicide is based on social and legal exclusion and proposes that suicide prevention measures should be aimed at social cohesion and legal protection.

• The Journal of the Korea Contents Association
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• v.17 no.11
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• pp.102-109
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• 2017

The Nation's Constitution stipulates that the nation should strive to prevent disasters and protect the public from harm. That is, the nation is a protector of the protection of people's lives and property from potential danger. The disasters are the most important global issues, and disasters scope are not confined to natural disasters such as pre-existing earthquakes, landslides, floods, fires and fires extend to cyber terror and disease. In the age of IoT and ability of analyze big data, the establishment of a disaster prevention service system in modern society is a priority for the nation. In this study, we will explore the disaster prevention services for each country using IoT technology. Based on the research, it is believed that it will be the foundation for establishing strategies for service system of disasters using IoT technology.

• The Journal of the Korea Contents Association
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• v.10 no.1
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• pp.343-352
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• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.273-274
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• 2022

최근 불안정한 기후로 대규모 재해재난이 자주 발생하고 있으며, 인적·물적피해도 크게 늘어나고 있다. 단적인 예로 경북 포항 지하주차장 침수 피해 및 포항제철소 고로 3기 가동 중단은 기록적인 폭우와 만조와 겹친 냉천의 범람이 주요 원인으로 지목되고 있다. 하지만 사전에 충분한 예방, 대비를 했더라면 인적·물적 피해를 최소화 할 수 있었을 것이다. 재난 및 안전관리기본법에서는 국가와 지방자치단체가 재난이나 그 밖의 각종 사고로부터 국민의 생명·신체 및 재산을 보호할 책무를 지고, 각종 사고를 예방하고 줄이기 위하여 노력하도록 하고 있다. 또한 재해경감을 위해 예방, 대비, 대응, 복구에 대한 의무를 부과하고 있다. 따라서 이번 경북 포항 침수피해의 문제점을 살펴보고 재난 및 안전관리기본법에서 규정하고 있는 예방, 대비, 대응, 복구 차원에서 피해 최소화를 위한 재난 대응방안을 모색하고 개선하는데 있다.