• Title/Summary/Keyword: 미국법령

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Learning from the Licensing and Training Requirements of the USA Private Security Industry : focused on the Private Security Officer Employment Authorization Act & California System (미국의 민간경비 자격 및 교육훈련 제도에 관한 연구 - 민간경비원고용인가법(PSOEAA) 및 캘리포니아 주(州) 제도 중심으로 -)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.33
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    • pp.197-228
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    • 2012
  • The private security industry in Korea has rapidly proliferated. While the industry has grown quickly, though, private security officers have recently been implicated in incidents involving violence, demonstrating an urgent need for systematic reform and regulation of private security practices in Korea. Due to its quasi-public service character, the industry also risks losing the public's favor if it is not quickly disciplined and brought under legitimate government regulation: the industry needs professional standards for conduct and qualification for employment of security officers. This paper shares insights for the reform of the Korean private security industry through a study of the licensing and training requirements for private security businesses in the United States, mainly focusing on the Private Security Officer Employment Authorization Act (hereinafter the PSOEAA) and the California system. According to the PSOEAA, aspiring security officers shall submit to a criminal background check (a check of the applicants' criminal records). Applicants' criminal records should include not only felony convictions but also any other moral turpitude offenses (involving dishonesty, false statement, and information on pending cases). The PSOEAA also allows businesses to do background checks of their employees every twelve months, enabling the employers to make sure that their employees remain qualified for their security jobs during their employment. It also must be mentioned that the state of California, for effective management of its private security sector, has established a professional government authority, the Bureau of Security and Investigative Services, a tacit recognition that the private security industry needs to be thoroughly, professionally, and actively managed by a professional government authority. The American system provides a workable model for the Korean private security industry. First, this paper argues that the Korean private security industry should implement a more strict criminal background check system similar to that required by the PSOEAA. Second, it recommends that an independent professional government authority be established to oversee and enforce regulation of Korea's private security industry. Finally, this article suggests that education and training course be implemented to provide both diverse training as well as specialization and phasing.

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Comparative Study on the Aviation Monetary Penalty in Korea and the United States (한·미 항공 과징금 제도의 비교)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.41-74
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    • 2020
  • The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.

Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

A study on performance analysis and merging techniques of sensors in water quality measurement (수질계측센서의 성능분석 및 센서 융합기술에 관한 연구)

  • Yang Keun-Ho;Yoo Byung-Kook
    • Journal of the Institute of Convergence Signal Processing
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    • v.7 no.3
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    • pp.143-148
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    • 2006
  • There are need to manage the water quality to supply an safety to consumer through pipe and reservoir the drinking water that produced in a clean water reservoir. However, a management of water quality and monitoring in reservoir have never been performed. Recently, the government has enforced standards of water quality. However, we have a inferior technology of water quality as compared with one in USA, Japan, Germany, etc. In case of water quality inspection and analysis equipments, sensor technology is very important to improve the water quality inspection and to develop the analysis equipments. In this paper, we analyze a law and a regulation for management of drinking water quality, and propose the measurement standards of drinking water quality in pH, conductivity, residual chloride, turbidity and water temperature. Then, we analyze electrode sensors that interference within pH, conductivity, residual chloride in interference experiment.

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Study of High-capacity Foam Discharging Systems for Full Surface Fire of Big Oil Tanks (대형 유류저장탱크 전면화재 대응을 위한 대용량포방사시스템 연구)

  • Im, Joo-Yeol;Chung, Yeong-Jin
    • Fire Science and Engineering
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    • v.33 no.6
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    • pp.173-180
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    • 2019
  • Oil tank fires need to be suppressed differently from other oil-related fires, due to the high-temperature flames and hot updraft above the tank, in the former case, that cause the destruction of large amounts of foam. We studied high-capacity foam discharge systems based on the standards of the American Petroleum Institute (API), National Fire Protection Association (NFPA), British Standard European Norm (BS EN), and the laws of Japan. The performance of a high-capacity foam discharge system was measured by conducting real fire experiments with model oil tanks. We concluded that lightweight and easily movable high-capacity foam discharge systems should be urgently introduced in domestic operations. Additionally, the obstacles faced by major tanks, such as long-distance installation of large-diameter fire hoses and narrowing of firefighting spaces, should be resolved depending on the conditions of the site.

A Comparative Study on Marine Rescue Volunteer Organizations (해상 구조 봉사단체의 비교 연구)

  • Lee, Jong-Myoung;Kim, Young-Ki
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.4
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    • pp.385-392
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    • 2009
  • Maritime safety management needs active public participations because the sea is too wide for a government to respond to all unexpected accidents with limited resources. Marine rescue volunteer organizations of US, UK, Japan and Korea were compared one another on the base of disaster management governance theory, and recommendations for the development of marine rescue volunteer organization of Korea were proposed. The advanced organizations commonly have tradition of marine rescue voluntaryism in the advanced maritime countries. They have nation-wide networks and self-governing structures. Their main activities include public maritime safety education and fundraising programs as well as marine rescue operations. They have cooperative relationships with government agencies in charge of national maritime safety management, which are usually guaranteed by legislations or institutional systems. Donations from the public are major source of their finances. Members mainly consist of civil volunteers, and get basic compensations for their expenses. For the advancement of marine rescue volunteer organization of Korea, efforts are needed to strengthen the membership of civil rescue fleet, to activate public education and fundraising programs, and to amend the related law for institutional support.

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A Study on Building Maintenance Institutionalization by Comparing with the Foreign Countries' Cases (국내외 건축물의 유지관리 운영실태의 비교분석에 의한 건축물 유지관리 제도화 방안 연구)

  • Yoon, Hyo Jin
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.6D
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    • pp.857-865
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    • 2011
  • Under the 'Sustainability Paradigm', the building maintenance system is getting more important because more efficient maintenance means more sustainable building. This paper aims at improving present building maintenance system by comparing with the foreign developed countries' systems. The comparing countries are selected according to the level of building maintenance. As the results, 4 countries including USA, England, Germany, and Japan become the benchmark. The results show that building maintenance regulations are various by social, economic, and cultural characteristics. In addition, though building maintenance policy must be established, first of all, the related regulations and policy targets are prepared before the enforcement of maintenance regulation. The results provide some policy implications: 1. Building maintenance must be controled under the condition that a building can guarantee the safety of people and function of it. 2. Building maintenance system should contribute to the desirable urban environment and architectural culture.

Comparative Study on the Technical Standards for the In-Service Inspection of Nuclear Power Plant Components in Several Countries (원전의 가동중검사 관련 각국의 기술기준 비교고찰)

  • Shin, Ho-Sang;Kim, Kyung-Jo;Jang, Chang-Heui;Kang, Suk-Chull
    • Journal of the Korean Society for Nondestructive Testing
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    • v.24 no.2
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    • pp.186-196
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    • 2004
  • In each country, the periodic ISI(In-Service Inspection) is required by the law to protect the public health and property from the potential accident of the nuclear facilities. To support the implementation of ISI program, the prescriptive ISI technical standards have been established. As the key parts of the ISI program, the non-destructive examination techniques are widely used to identify the degree of degradation of the pressure boundary components and welds. Recently, the risk informed-ISI program has been developed and implemented in several countries. Nonetheless, the existing ISI program which prescriptively decides the scope of inspection still has its own significance. In this article, the technical standards of ISI in leading countries like US, france, Canada, and Japan are reviewed and compared with the safety guide by IAEA. An outline to revise the domestic technical standards of ISI has been suggested.

Cyber Security Governance Analysis in Major Countries and Policy Implications (주요국 사이버보안 거버넌스 분석과 정책적 시사점)

  • Joo, Moon-ho;Kwon, Hun-Yeong;Lim, Jong-in
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.5
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    • pp.1259-1277
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    • 2018
  • This study analyzes cyber security strategies, laws, organizations, and the roles of the ministries in the US, Germany, UK, Japan, China, and Korea and draws implications for establishing a practical and efficient next generation national cyber security governance. Under this goal, this study analyzes cyber security strategies, laws, organizations, and the roles of the ministries in the US, Germany, UK, Japan, China, and Korea and draws implications for establishing a practical and efficient next generation national cyber security governance. Based on the results of this analysis, this study suggests suggestions and directions for improvement of domestic cyber security governance.

Current Status and Outlook of the Institute-Academia Collaboration in Aerospace field (항공우주 학연협력 현황과 전망)

  • Kim, Jong-Bum
    • Current Industrial and Technological Trends in Aerospace
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    • v.6 no.2
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    • pp.3-10
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    • 2008
  • Lee, Myung-bak Administration comprises the plan to foster the Universities as a world's research and development point, and to strengthen the Institute-Academia Collaboration for the knowledge based economy in the new plan of science and technology. In addition, by participating Universities into the medium-and long-term research business of government-supported institute, it is expected to strengthen the basic initiative research, revitalize the joint study conducted by the universities and government-supported institute, and to reshuffle the statutes to promote personnel exchanges between the universities and government-supported institute. Universities role as a principle of innovation in the field of Aerospace is getting its weight so that the necessity of the institute-academia collaboration is increasing. Types of the Institute-Academia Collaboration can be categorized into the Joint-Study, internships for the students in Masters and Ph. D. programs, Professor-Researcher Exchange, Joint Research Lab, and Joint Postgraduate Course, and those are the cases from the U.S., Brazil, Germany, France, Japan, and Korea. High mutual reliance on the research subject, mutual trust on the research capability, and abundant and flexible capabilities in sources are required to make a success in Institute-Academia Collaboration.

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