• Title/Summary/Keyword: 법률개선

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Aviation Safety Regulation and ICAO's Response to Emerging Issues (항공안전규제와 새로운 이슈에 대한 ICAO의 대응)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.207-244
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    • 2015
  • Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

A Study on the Utilization of Private Security for Park Safety (공원안전관리를 위한 민간경비 활용방안 연구)

  • Kang, Yong-Gil
    • Korean Security Journal
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    • no.34
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    • pp.7-32
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    • 2013
  • The idea of this study was derived from awareness of local governments and police's limitation on attempts to 'creating safe park'. The purpose of this study is to examine current political measures of preventing various types of possible crimes in the park and the limitation of those policies. Furthermore, this study aims to suggest possible explanations to utilize Private Security Sector for the effective and continuous way of managing park safety by considering legal and practical solutions and its expectations. The methods of analysis used in this study are, first, literature review of current park safety management policies. Second, this article examined implications of strategies of those policies throughout the case study of the USA's park safety policy. Third, this study suggested plans of action and role of Private Security Sector to improve park safety. The results present several arguments for the park safety. First, legislation of mandatory crime preventing programme in the early stages of designing park is required. Introducing the 'park special judicial police system' to the major parks for a immediate response to the crime can be one of suggestions. Moreover, proactive police response systems, such as one of the Seoul Metropolitan Police's policies- 'returning safe parks to a citizen' are required. Second, the case study of the USA regarding park safety confirmed that major parks in the USA have rigorous and detailed park regulations. It also showed that those parks take not only preventing measures, but also follow-up measures against crimes. Third, the results suggest creating human resources by contracting out Park Managers and Private Security Sector that have specialized experiences and techniques to prevent crimes and public disorders. Overall in this study, increased citizen's satisfaction level, control of continuous and systematic crimes, the spread of joint-production of public safety, and increased fields of the Private Security Sector are expected from the findings.

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A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.22 no.4
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    • pp.1-17
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    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

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A Study on Effective Planning Method of the Check-off Fund Program for Egg (계란자조금의 효과적인 조성방안에 관한 연구)

  • Kim, Dong Jin;Hong, Sung Kyu;Kim, Yoon doo
    • Korean Journal of Poultry Science
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    • v.44 no.1
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    • pp.51-57
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    • 2017
  • Subsequent to the introduction of the "Laws on Consumption Promotion of Livestock Products" in 2002, a mandatory check-off system for the egg industry was introduced in June 2009. Unlike other livestock products, the check-off on eggs is financed not from the sale of the egg-the end product-but from the spent hen. Variables such as the falling price of spent hens lead to a low financing rate; The present farm allotment rate of 14%, introduced in 2015, is much higher than the 0.2% to 0.3% check-off rate in other types of business, thus placing a huge burden on farms. When check-off is financed from the egg, it is expected that 6.5 billion won will be raised using a rate of 0.3% of sale proceeds, Therefore, it is urgent for the government to establish infrastructure to enable producers and merchants to do business through Grade & Packing centers. This can be achieved by the staged construction of local Grade & Packing centers. Check-off should continue to be financed from the present spent hen until this infrastructure is established, and an institutional strategy should be provided by the government to raise the financing rate accurately and transparently using statistical treatment of supply data for spent hens as a short-term alternative.

A Study on Establishment for Archival Management and Training of Archivists (기록관리학의 정립과 기록전문가 양성교육에 관한 연구)

  • Choe, Jung-Tai;Yoon, Song-Won
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.95-129
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    • 2001
  • The treatise is a follow-up thesis of "The Archival Management : destination of its education" published by The Research Institute for Korean Archives and Records in June 17, 2000, and it was written to secure its original temper of the "Archival Management" which has established at first as the domestic collegiate educational course. Presently, we are mixed up for interpretation of terminology by facing unfamiliar words: such as, Archives, Documents, Manuscripts, Records / Archival Management, Archival Preservation / Archivist, Archival Conservator, Manuscripts Curator and Record Manager. Also, tile treatise has confirmed scholars' various opinion about its education and curriculum not only domestic but overseas scholars, and examined realities and course of studies of 4 overseas countries, and also have purpose to pursue domestic universities' actual condition of curriculum and its reform measure. And since dispositon of Archivist and the professional organization of the Archivist was based on the Laws, therefore, establishment of an educational institution for Archival Management from now on will be expanded more and need to be accelerated. Accordingly, the universities that already established or to be established from now on, shall be needed educational quality and its contents to be ascended. Its concrete plan is as follows : (1) Now, disarranged archive and record words, and to make publish 'Glossary of Archives & Records' as soon as possible. (2) Remind the substance of the Record and Archival Management and its sphere again and need to be considered alteration of the studies' name. (3) There needs to establish the role and establishment of conception of Archivists. (4) Refer to the theory and practical educational method of overseas professional Archivist Scholars, but to be needed to develop the curriculum which is accorded with am tradition and way of thinking. (5) Confer for development of teaching materials and educational method jointly through 'Academic Society', and there needs reorganize the subject which is fit for each university's characteristics. (6) Recently, "Cultural Resources Studies" for research specialization which has established in Graduate School of Tokyo University was very useful to us. We also need to be considered such establishment of process.

A Study on the Current Status of Health Screening and the Health Type(Physical Activity, and etc) of the Disabled by Using the Statistics of Health Insurance Corporation (건강보험공단 통계를 이용한 장애인의 건강검진 현황 및 건강형태(신체활동 등)에 대한 소고)

  • Kim, Seck-Jin;Jung, Jin-Sung
    • Journal of the Korean Applied Science and Technology
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    • v.35 no.2
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    • pp.433-444
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    • 2018
  • This study aims to examine the screening rate of health screening of the disabled by screening the data of disability and health statistics of the National Health Insurance Corporation, to suggest the problems of health examination and the future improvement measures, and also to review the type of health management of the disabled based on the results of health examination interview. As people with limited daily life or social life for a long time because of their physical/psychological disabilities in accordance with the Article2 of , out of 2,479,080 registered people with disabilities on the basis of December 31st 2015, the research subjects were limited to people with disabilities who participated in the health screening and health type for presenting the opinions about policies. In conclusion, regarding the health screening for the disabled, first, it would be necessary to collect the opinions from people with disabilities in order to prepare the health screening service suitable for them. Second, it would be needed to develop the health screening items for each type of disability and severity. Third, it would be necessary to consider the medical equipments and amenities of health examination for the disabled. Fourth, there should be the securement of manpower and education for service providers. Fifth, the mobility right of the disabled should be secured. Regarding the health type of the disabled, first, the expert consultative group in each area should be composed for the health enhancement of the disabled. Second, it would be necessary to screening the current status of health enhancement programs for the disabled and operating facilities. Third, the Central Health Medical Center for the Disabled, shown in the law on the securement of health rights & medical accessibility of the disabled should develop the standardized health enhancement programs for each disability type and severity. After examining the contents of health examination and health type of the disabled, the opinions about policies were suggested. Thus, in the future, there should be more detailed researches based on the tasks suggested by this study, and also the causal relations between health of the disabled and relevant programs should be continuously revealed.

The Stakeholder's Response and Future of Mountain Community Development Program in Rep. of Korea (한국 산촌개발사업에 대한 이해관계자의 의식과 향후 발전방안)

  • Yoo, Byoung Il;Kim, So Heui;Seo, Jeong-Weon
    • Journal of Korean Society of Forest Science
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    • v.94 no.4 s.161
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    • pp.214-225
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    • 2005
  • The mountain village development program in Korea started in the mountain villages, the 45.9% of total land and one of the typical marginal region, from 1995 to achieve the equilibrium development of national land and the sustainable mountain development in Chapter 13 in Agenda 21, and it has been accelerated to increase the happiness and the quality of life of mountain community residents through the expansion by province and the improvement of related laws and regulations. This study has been aimed to analyze the response of main stakeholder's -mountain village residents and local government officials - on mountain villages development, and to provide the future plan as community development. The survey and interview data were collected from the mountain villages which already developed 59 villages and developing 15 villages in 2003. The mountain village development program has achieved the positive aspects as community development plan in the several fields, - the voluntary participation of residents, the establishment of self-support spirit as the democratic civilians, the development of base of income increasement, the creation of comfortable living environment, the equilibrium development with the other regions. Especially the mountain residents and local government officials both highly satisfy with the development of base of income increasement and the creation of comfortable living environment which are the main concerns to both stakeholder. However through the mountain development program, it is not satisfied to increase the maintenance of local community and the strengthening of traditional value of mountain villages. Also to improve the sustainable income improvement effects, it is necessary to develop the income items and technical extension which good for the each region. In the decentralization era, it is necessary for local government should have the more active and multilateral activities for these. With this, the introduction of methods which the mountain community people and the local government officials could co-participate in the mountain villages' development from the initial stages and the renovation of related local government organizations and the cooperatives will be much helpful to the substantiality of mountain development program. Also it is essential for the assistance of central government to establish the complex plan and the mountain villages network for all mountain area and the exchange of information, the education and training of mountain villages leader who are the core factor for the developed mountain villages maintenance, the composition of national mountain villages representatives. In case the development proposals which based on the interests of the main stakeholder's on mountain community could be positively accepted, then the possibility of the mountain village development as one of community development will be successfully improved in future.

A Study on the Establishment of desirable Model for Licensed Private Investigation Service System (공인탐정제도의 올바른 모델설정에 관한 연구)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.20
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    • pp.249-270
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    • 2009
  • There have been great demands for various private searches and collecting information activities. but in korea it is still banned to supply private investigation service and to use the term 'private investigation'. So establishment of desirable model for private investigation service system is essential factor in strategic approaching for privatization of policing. In most developed countries private investigation service system is generally permitted and various methods to solve the side effects of that are considered. It is necessary to revise more the Security Business Law to introduce private investigation service system so that the dispute on determining how to do and what to do. It looks like that police agrees with the introduction of the private investigation service system because this could be an option when it comes to the job that its members can take after retirement and because this system helpful their own work. Actually Korea government have tried to prepare the law enactment of the private investigation service system since 1999 but have been failed. This study focuses on implementing the suitable system for private investigation service in Korea, which includes the consideration of the logical validity of the introduction by comparing with other foreign private investigation service system. We should make research and effort to cope with such as a partial amendment about the problem and the side effect that can be happened in a beginning stage of system trial.

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Adoption and Efficacy of ISO 15189 in Medical Laboratories for Diagnostic and Research (메디컬시험기관에서 ISO 15189 도입의 필요성과 시행의 효용성)

  • Yang, Man-Gil;Lee, Won Ho;Jun, Jin Hyun
    • Korean Journal of Clinical Laboratory Science
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    • v.48 no.2
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    • pp.158-167
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    • 2016
  • The requirements for medical laboratories ISO 15189 is examined in organization and a quality management system, stressing the importance of evidence, document control, and control of records and clinical material. Medical services are provided from the areas of resource management, and pre-examination, examination and post-examination processes. The main goal of ISO 15189 accreditation is to improve the quality of laboratory services provided for patients and clinical users not only through compliance with consensually developed and harmonized requirements but also by adopting the philosophy of continual improvement using the Plan-Do-Check-Act cycle. Laboratory quality should be evaluated and improved in all steps of the testing process as the state-of-the art indicates that the pre- and post-analytical phases are more vulnerable to errors than the intra-analytical phase. The Korea Laboratory Accreditation Scheme (KOLAS), a national accreditation body, provides medical laboratory accreditations for appropriate approaches to evaluating the competence of a medical laboratory in providing effective services to its customers and clinical users. Adoption of ISO 15189 in 2010s as a government policy has been delayed, and only 5 laboratories have been accredited to date in Korea. The medical laboratories should seek the adoption of ISO 15189 with a positive attitude for quality improvement and strengthening of international competitiveness.

Review of Responsibility in Case of Medical Tour Disputes (의료관광 분쟁시 책임주체에 대한 검토)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.107-135
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    • 2016
  • Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

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