• Title/Summary/Keyword: 미국법령

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Research of the Comparison Between Standardized Project Management Process and the related Legal Processes applying for PMO in Public (공공 정보화 부문 PMO제도 도입에 따른 관련 법제도와 표준화된 프로젝트 관리 프로세스의 적합성 비교 연구)

  • Park, HeonJoon;Lee, SeoukJoo
    • Annual Conference of KIPS
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    • 2013.05a
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    • pp.921-924
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    • 2013
  • PMO(Project Management Office)는 해당 영역의 프로젝트를 조정된 중앙 통제 방식으로 관리하기 위하여 필요한 다양한 책임을 배정받은 조직, 부서나 주체를 말하며, 프로젝트 관리 지원 기능을 제공하는 일부터 직접적인 프로젝트 관리에 이르기까지 다양한 책임을 지니고 있다. 본 논문에서는 PMO 제도 도입에 따른 성공적인 공공 정보화 사업 완수를 위해 우리나라 PMO 관련 현 법제도 현황을 선행 연구자들에 따른 PMO 기능 분석 종합 자료와 미국의 표준화된 프로젝트 관리 프로세스인 PMBOK(Project Management Body of Knowledge) 관리 지식 영역 프로세스를 적용해 우리나라 현 법제도의 적합성을 비교 분석하였다. 연구 결과로 공공 정보화 사업에서 PMO 제도를 도입함에 있어 우리나라 현 법제도가 공공 정보화 사업의 품질을 높이는데 보완되어야 할 영역들이 요구되었다. 향후 본 연구를 통해 공공 정보화 사업의 PMO 제도 도입 시 법적 제도화와 전문성을 제고하여 성공적인 사업 수행에 도움이 되도록 하고자 한다.

A comparative study of management system of unregulated agricultural pesticides in Korea, the European Union, and the United States of America: a review (비규제 농약 관리를 위한 한국, 유럽, 미국의 농약관리체계 비교분석)

  • Nam, Sun-Hwa;Kwak, Jin Il;Kim, Dasom;An, Youn-Joo
    • Journal of Applied Biological Chemistry
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    • v.61 no.2
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    • pp.195-204
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    • 2018
  • Pesticide residue in the eggs in the market has become a significant problem in Korea. In particular, the detection of fipronil indicated that unregulated pesticide residue can be present in livestock products, including eggs. Institutionally unregulated pesticides are a risk to human health and the ecosystem. In this study, we analyzed the system of agricultural pesticide management in Korea, the European Union, and the United States of America (USA) and discussed the problems of the Korean management system and the possible improvement directions. Based on the analysis, we considered three tasks: registration of pesticides, pesticide residue levels in food, and pesticide residue levels in environmental media. The registration of pesticides was conducted by the Ministry of Agriculture, Food, and Rural Affairs in Korea; the Directorate-General for Health and Food Safety in the European Commission (EC); and the US Environmental Protection Agency (USEPA) in the USA. The work regarding pesticide residue levels in food was conducted by the Ministry of Food and Drug Safety in Korea, the Directorate-General for the Health and Food Safety in the EC, and the USEPA and Food and Drug Administration in the USA. The work regarding pesticide residue levels in environmental media was conducted by the Ministry of Environment in Korea, the Directorate-General for Environment in the EC, and the USEPA in the USA. Therefore, Korea should review the extension of pesticide residue standards in the environmental media for strengthening the system of management of unregulated agricultural pesticides.

International Legal Status of U.S. Citizens Property Right to Space Resources (미국 국내법령상 우주자원 소유권의 국제법상 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.419-442
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    • 2018
  • Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

Safety of Various Types of Cheese manufactured from Unpasteurized Raw Milk: A Review (비살균 원유로 만든 다양한 치즈의 안전성에 관한 연구: 총설)

  • Kim, Hong-Seok;Chon, Jung-Whan;Lim, Jong-Soo;Kim, Hyun-Sook;Kim, Dong-Hyeon;Song, Kwang-Young;Kim, Soo-Ki;Seo, Kun-Ho
    • Journal of Dairy Science and Biotechnology
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    • v.33 no.1
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    • pp.1-15
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    • 2015
  • Before the advent of pasteurization and other microbiological controls in the dairy industry, milk product-borne diseases such as scarlet fever, typhoid fever, septic sore throat, and tuberculosis were globally widespread. Pasteurization was invented by Louis Pasteur, and it has been considered as one of the most effective ways to control milk product-borne diseases since the 20th century. Nevertheless, till date, various types of cheese in the EU, the USA, and other countries are made from unpasteurized milk as artisan cheese, following the specific food regulations of each nation. Furthermore, after the effectiveness of the Free Trade Agreement (FTA) negotiations between Korea and many nations, the import of various types of cheese made in different conditions and influenced by acidity, preservatives, temperature, competing flora, water activity, and salt concentration increased yearly. Hence, the objective of this review was to describe (1) the 60-day aging rule of cheese, (2) characteristics of the outbreaks linked to cheese manufactured from unpasteurized milk since 1998 to 2011 in USA, and (3) serious health risks from unpasteurized milk, to ensure food protection and safety and to use this basic information for risk assessment.

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Research for Space Activities of Korea Air Force - Political and Legal Perspective (우리나라 공군의 우주력 건설을 위한 정책적.법적고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.135-183
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    • 2003
  • Aerospace force is a determining factor in a modem war. The combat field is expanding to space. Thus, the legitimacy of establishing aerospace force is no longer an debating issue, but "how should we establish aerospace force" has become an issue to the military. The standard limiting on the military use of space should be non-aggressive use as asserted by the U.S., rather than non-military use as asserted by the former Soviet Union. The former Soviet Union's argument is not even strongly supported by the current Russia government, and realistically is hard to be applied. Thus, the multi-purpose satellite used for military surveillance or a commercial satellite employed for military communication are allowed under the U.S. principle of peaceful use of space. In this regard, Air Force may be free to develop a military surveillance satellite and a communication satellite with civilian research institute. Although MTCR, entered into with the U.S., restricts the development of space-launching vehicle for the export purpose, the development of space-launching vehicle by the Korea Air Force or Korea Aerospace Research Institute is beyond the scope of application of MTCR, and Air Force may just operate a satellite in the orbit for the military purpose. The primary task for multi-purpose satellite is a remote sensing; SAR sensor with high resolution is mainly employed for military use. Therefore, a system that enables Air Force, the Korea Aerospace Research Institute, and Agency for Defense Development to conduct joint-research and development should be instituted. U.S. Air Force has dismantled its own space-launching vehicle step by step, and, instead, has increased using private space launching vehicle. In addition, Military communication has been operated separately from civil communication services or broadcasting services due to the special circumstances unique to the military setting. However, joint-operation of communication facility by the military and civil users is preferred because this reduces financial burden resulting from separate operation of military satellite. During the Gulf War, U.S. armed forces employed commercial satellites for its military communication. Korea's participation in space technology research is a little bit behind in time, considering its economic scale. In terms of budget, Korea is to spend 5 trillion won for 15 years for the space activities. However, Japan has 2 trillion won annul budget for the same activities. Because the development of space industry during initial fostering period does not apply to profit-making business, government supports are inevitable. All space development programs of other foreign countries are entirely supported by each government, and, only recently, private industry started participating in limited area such as a communication satellite and broadcasting satellite, Particularly, Korea's space industry is in an infant stage, which largely demands government supports. Government support should be in the form of investment or financial contribution, rather than in the form of loan or borrowing. Compared to other advanced countries in space industry, Korea needs more budget and professional research staff. Naturally, for the efficient and systemic space development and for the prevention of overlapping and distraction of power, it is necessary to enact space-related statutes, which would provide dear vision for the Korea space development. Furthermore, the fact that a variety of departments are running their own space development program requires a centralized and single space-industry development system. Prior to discussing how to coordinate or integrate space programs between Agency for Defense Development and the Korea Aerospace Research Institute, it is a prerequisite to establish, namely, "Space Operations Center"in the Air Force, which would determine policy and strategy in operating space forces. For the establishment of "Space Operations Center," policy determinations by the Ministry of National Defense and the Joint Chief of Staff are required. Especially, space surveillance system through using a military surveillance satellite and communication satellite, which would lay foundation for independent defense, shall be established with reference to Japan's space force plan. In order to resolve issues related to MTCR, Air Force would use space-launching vehicle of the Korea Aerospace Research Institute. Moreover, defense budge should be appropriated for using multi-purpose satellite and communication satellite. The Ministry of National Defense needs to appropriate 2.5 trillion won budget for space operations, which amounts to Japan's surveillance satellite operating budges.

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A Study on the Function of Dike of Above-ground Membrane type LNG Storage Tanks (지상식 멤브레인 LNG 저장탱크의 방류둑 기능 연구)

  • Lee Seung-Lim;Jo Ji-Hwan;Kwon Boo-kil
    • 한국가스학회:학술대회논문집
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    • 2003.10a
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    • pp.65-72
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    • 2003
  • 현행 가스법상 지상식 LNG 저장탱크에 있어서 일정 용량의 저장탱크 주위에는 액상의 가스가 누출된 경우에 그 유출을 방지할 수 있는 방류둑(Dike) 또는 이와 동등 이상의 효과가 있는 시설을 설치하도록 규정하고 있어, 실제로 모든 지상식 LNG 저장탱크에 대해서 별도의 방류둑 설치를 의무화하고 있다. 또한, 예외규정으로 국제기준(international codes and standards)에 의해 설계되는 저장탱크는 심의를 통해 방류둑 기능을 인정할 수 있도록 하고 있다. 외국의 경우 LNG 저장탱크는 일반적으로 자국내 법령보다는 국제기준에 의해 건설됨으로써 1차 탱크로부터 일정거리의 둘레에 방류둑이 필요한 단일방호식 저장탱크 이외에 이중방호식, 완전방호식(full-containment) 및 멤브레인식(membrane) 저장탱크의 경우 외부(콘크리트, 강재)탱크가 방류둑 기능을 가지고 있어 별도의 방류둑이 필요없는 구조로 규정하고 있다. 멤브레인 LNG 저장탱크의 경우 프랑스, 일본 및 한국이 설계기술을 보유하고 있고, 최근 프랑스 및 한국에서 별도의 방류둑 없는 지상식 멤브레인 저장탱크 건설이 추진되고 있으나 양국 모두 자국법의 방류둑 규정에 의해 건설의 장애요소로 작용하고 있다. 따라서 지상식 멤브레인 LNG 저장탱크의 방류둑 기능에 대한 각 국의 법령 및 기준을 조사하고, 방류둑 일체형 저장탱크(완전방호식 및 멤브레인 저장탱크)의 형식별 안전성 평가 자료를 비교 검토함으로써 방류둑 일체형 멤브레인 저장탱크의 국내 도입의 타당성을 검토하고자 하였다. 조사결과 유럽, 미국 및 일본에서는 이중벽 LNG 저장탱크의 경우 콘크리트 외부탱크가 방류둑 기능을 가지는 것으로 규정하고 있으며, 특히 EN 1473과 제정중인 prEN 265002에서는 멤브레인 저장탱크의 경우 내부 멤브레인 탱크 누출시 단열시스템과 함께 외부 콘크리트 탱크가 액밀성 및 기밀성을 동시에 가지는 것으로 별도의 방류둑이 불필요함을 규정하고 있다. 프랑스 및 일본의 방류둑 일체형 LNG 저장탱크에 대한 위험성 평가 결과를 검토한 결과 멤브레인 저장탱크와 완정방호식 저장탱크는 안전성 차원에서 거의 동일한 것으로 나타났다. 따라서 국내에서 개발한 지상식 멤브레인 LNG 저장탱크 설계모델에 대한 안전성 제고 및 안전성 평가 등을 통해 객관적인 안전성 근거가 확보된다면 동 탱크의 경우에도 완전방호식 LNG 저장탱크와 같이 외부콘크리트 저장탱크의 방류둑 기능인정이 가능할 것으로 판단된다.

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A Strategy for Developing New Road Projects (경관도로 등 신개념의 도로사업 개발에 관한 연구)

  • Kim, Eung-Cheol
    • International Journal of Highway Engineering
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    • v.9 no.2 s.32
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    • pp.115-127
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    • 2007
  • Developed countries, especially in road construction and management fields, introduce new road porjects such as National Scenic Byways Program(NSBP program) in USA and the Eco-road project in Japan. This study develops a conceptual model for deploying new road projects in Korea. The four step approach is suggested to create new road projects, including foundation of an act based on the existing Road Act, creation of new road project ideas, development of evaluation process and guidelines, and enhancement of an administrative scheme. To create new road projects, three different ways are devised; (1) designation of national roads having uniqueness in overall spectrum, (2) designation of roads having intrinsic values in a different aspect, (3) designation of single structures of engineering outcomes such as bridges, tunnels, new design techniques, considerable Value Engineering output, and well analyzed Life Cycle Cost Analysis practices. For the evaluation process, NSBP program of USA and/or Sustainable City Award program of Korea would be recommended. An administrative scheme and integrated funding process for the new road projects are also suggested based on evaluation of tasks of each team or division of Korea Ministry of Construction and Transportation.

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A Study on the Applications of Airspace Design Criterions Affecting on the Flight Safety (비행안전에 영향을 미치는 공역설계기준의 적용에 관한 연구)

  • 양한모;유광의
    • Journal of Korean Society of Transportation
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    • v.21 no.1
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    • pp.7-19
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    • 2003
  • The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.

A Study on the Fair Trade of Content Rights: Protecting Small & Medium Sized Content Creators and Publishers in the Nested Publishing Industry (콘텐츠 권리의 공정거래에 관한 연구: 출판산업 가치사슬에서 중소 콘텐츠 창작자와 출판업자의 권리 보호)

  • Choi, Gyoung-Gyu;Lee, Young-Dae
    • The Journal of Small Business Innovation
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    • v.20 no.2
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    • pp.51-66
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    • 2017
  • Online and wireless communications have dramatically changed the contents industry marketplace. Content transactions are now instantaneous as distribution channels move from the 'mart' to smart platforms, creating opportunities for content creators large and small. Yet with opportunity comes the threat of imbalance in the industry ecosystem. In order to ensure the health and diversity of an industry that relies so heavily on the welfare of small creative enterprises, it is essential to establish rules for the fair transaction of content rights. Several structural forces may work against such rules: first, the industry consists of a large number of small distributor intermediary businesses (e.g. major publishers); second, end distributors (e. g. platforms) maintain a superior, monopsony position; and third, economic valuation of content is difficult. In terms of acquisition business model, rights transactions can be classified into three general models: (1) license model, (2) original acquisition model, and (3) monopsony model. This study explores the publishing industry in detail, considering key statutes and their operation across the models. From analysis of Korea and the US statutes and case law, and decisions of the Fair Trade Commission (FTC) of Korea, we offer evaluation criteria for discerning between fair and unfair content rights transactions. We further recommend industry practice that may enhance the likelihood for fair content rights transactions, and thus a thriving publishing ecosystem.

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Research of Specific Domestic De-identification Technique for Protection of Personal Health Medical Information in Review & Analysis of Overseas and Domestic De-Identification Technique (국내외 비식별화 기술에 관한 검토 분석에 따른 개인건강의료정보 보호를 위한 국내 특화 비식별화 기술 제안에 관한 연구)

  • Lee, Pilwoo;In, Hanjin;Kim, Cheoljung;Yeo, Kwangsoo;Song, Kyoungtaek;Yu, Khigeun;Baek, Jongil;Kim, Soonseok
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.9-16
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    • 2016
  • As life in a rapidly changing Internet age at home and abroad, large amounts of information are being used medical, financial, services, etc. Accordingly, especially hospitals, is an invasion of privacy caused by leakage and intrusion of personal information in the system in medical institutions, including clinics institutions. To protect the privacy & information protection of personal health medical information in medical institutions at home and abroad presented by national policies and de-identification processing technology standards in accordance with the legislation. By comparative analysis in existing domestic and foreign institutional privacy and de-identification technique, derive a advanced one of pseudonymization and anonymization techniques for destination data items that fell short in comparison to the domestic laws and regulations, etc. De-identification processing technology for personal health information is compared to a foreign country pharmaceutical situations. We propose a new de-identification techniques by reducing the risk of re-identification processing to enable the secondary use of domestic medical privacy.