• Journal of the Korea Society of Computer and Information
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• v.26 no.2
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• pp.141-150
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• 2021

Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.

• Journal of Navigation and Port Research
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• v.44 no.6
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• pp.488-493
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• 2020

In this study, we sought to establish a vessel-discharge pollutant-treatment system recommended by IMO by first investigating advanced facilities overseas to help us understand and evaluate our domestic facility and needs. IMO recommends the installation and operation of port pollutant-storage facilities to adequately treat pollutants emitted by ships entering the port, and we reviewed the registration and operation of these facilities in IMO member countries, focusing on the IIII Code. Due to recent environmental regulations, additional facilities are required to treat the washing water discharged from equipment such as scrubbers mounted on the ship so pollutant-storage facilities must be established. Currently, Korea's ship-discharged wastes are being moved from ports to land waste-treatment plants, and their quantity and properties are not being monitored. Therefore, in this study, we improved monitoring of the discharged pollutants and investigated the proper arrangement of pollutant storage facilities as recommended by IMO. The system we established can help provide smooth service to incoming ships - and appropriate treatment of pollutants and will greatly benefit international maritime operations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.5
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• pp.773-779
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• 2022

Deep-sea fisheries in Korea play an essential role in supplying popular seafood and providing food security. Countries, as well as the IMO (International Maritime Organization), have attempted to establish an internationally harmonized safety standard for fishing vessels. However, starting with the adoption of 'The Torremolinos International Convention for the Safety of Fishing Vessel 1977', the '2012 Cape Town Agreement' was adopted, but the requirements for enforcement were not met. However, with the 2019 Torremolinos Declaration, the effect of the agreement became visible. Korea is also about to ratify the agreement, and deep-sea fishing vessels are subject to the agreement. The length of the hull or the gross tonnage can be selected as the criteria for applying the 2012 Cape Town Agreement, and this is also partially applied to the existing vessels. Analyzing 188 deep-sea fishing vessels registered as members of the Korea Overseas Fisheries Association to confirm the effect on the existing vessels showed that the application of gross tonnage had little impact on the ratification of the agreement. In addition, laws must be revised for the compulsorization of GMDSS facilities such as two-way VHF and radar transponders and for the safety familiarization of fishermen. In the industry, the facilities required by the agreement must be provided, and the fishermen must be familiarized with safety.

• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• The Korean Journal of Archival Studies
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• no.18
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• pp.3-36
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• 2008

Despite the institutional, organizational, and technological advances in the level of national records management that has occurred during the past several years, there has been no significant change in the condition of records management within individual public institutions, which may be an outset for records management. In order to begin the advance in national records management with overall innovation in records management by public institutions, it is necessary to distinctly set up the direction of innovation and a project to carry out. Also, a person in charge of records management, who is supposed to lead records management in each institution, should share the directions and projects. Against this backdrop, this study aims to define "the evaluation of records management" as a vehicle to establish a common goal for the innovation of records management and the role of a person in charge of records management as well as to develop evaluation indicators that might be applicable to all public institutions. With this aim, the study drew requirements of records management from domestic and overseas cases in the evaluation of records management conditions as well as the laws and standards of records management, and a roadmap for national records management innovation. Then, the study developed evaluation indicators by classifying the requirements according to three areas involving an organizational environment, records management job, and records management in the offices that create and file their own documents. The organizational environment area is concerned with the evaluation of the records management policy and the responsibility of an institution, and the evaluation of human resources and physical environment. The records management business area includes the measurement of the level of jobs, such as the records creation control conducted by the records management authority of each institution, the management of records schedules, the accession, preservation, and appraisal of records and their service, and the monitoring of records management. The area of records management in the offices is composed of the creation, registration, arrangement, and transfer of records as they are intended to be used during the monitoring of records management conditions. The study made it possible to measure all evaluation indicators with a quantitative evaluation method by clearly proposing the standard for objective and accurate evaluation.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.91-124
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• 2021

In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

• Korean Journal of Heritage: History & Science
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• v.52 no.1
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• pp.216-241
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• 2019

There are 35 cultural properties of fourteen kinds in the Demilitarized Zone known so far, but this number is expected to increase in the future. Among them, Cheolwon-Doseong and Jeongol-Chong of Gimhwa should be the first step toward conservation efforts by conducting a joint investigation through the collaboration of North and South Korea. In particular, the joint investigation of Cheolwon-Doseong will not only remind the North and South that they are the same people who have had common history and cultural traditions for a long time, but will also give symbolic meaning to convert the demilitarized zone into a stage for peace. Since Jeongol-Chong is a mass grave of the fallen soldiers of Pyeongan Province who fought against the invasion of the Qing of China, it should be managed as a national designated cultural asset through joint investigation. In addition, the Demilitarized Zone should become a World Heritage Site because of its importance to the legacy of the Korean War, an international war caused by an ideological confrontation. Furthermore, it has more than 6,000 kinds of temperate forests in addition to 100 species of endangered species and natural monuments. The DMZ is very qualified to be a World Natural Heritage Site, and should be included as a World Complex Cultural Heritage Site that qualifies as a World Heritage and World Natural Heritage Site. In the Demilitarized Zone, we can also find numerous highlands, tunnels and posts used during the Korean War, as well as surveillance posts, a military demarcation line, barbed wire fences, and Panmunjom, which were created by the armistice agreement. it would be desirable to select some of its sections and war facilities and to register them as modern cultural heritage assets. Finally, it is necessary to reconstruct the Dorasan Signal Fire Site, which was the communication facility of a traditional era which connected the South (Dorasan) and North (Gaesong). This would symbolize smooth communication between the two Koreas. In order to prepare for the reckless development of the Demilitarized Zone due to the upcoming cease-fire, the government and cultural asset experts will have to work hard to identify and preserve the cultural properties of the Demilitarized Zone, and they will also have to maintain consistent control over matters such as indiscriminate investigation and mine clearance.

• Strategy21
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• s.46
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• pp.239-276
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• 2020

The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.