• Title/Summary/Keyword: 법률개정

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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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Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.93-103
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    • 2015
  • In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

A Study on Developing the List of Actual Condition Research to Improve the Facilities for the handicapped, aged men, pregnant women and nursing mother - a focus on public building - (장애인ㆍ노인ㆍ임산부등의 편의 증진시설 실태조사 리스트 개발연구 -공공건물을 중심으로)

  • 유석종;양우창;유상완;온순기
    • Archives of design research
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    • v.17 no.1
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    • pp.77-88
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    • 2004
  • It was 1988 when people pay attention to an importance of the facilities for the handicapped, with Seoul Paralympics. In early 1990s, regular efforts were made to improve a physical environment for the handicapped, which results in reforming the Welfare Law for the Handicapped all over the surface. However, keeping pace with the expansion of the western universal design concept, it is required to evaluate a new concept in which way the facilities for the handicapped must be installed. That is, any physical environment, which regards the handicapped as an independent subject, tend to isolate them from normal people rather than satisfy their needs. making the handicapped feel more discriminated. All the facilities for the handicapped has to reflect a general idea that the facilities are opened for all the people including the handicapped. Being recently reformed and enacted in order to reflect this essential point, 'the raw of contributing to the convenience of the handicapped, aged men, pregnant women and nursing mother(1998)' even covers the aged men, pregnant women and nursing mother, not to mention of the handicapped. In addition, the law states clearly that all the handicapped can share all the facilities with the normal people, inducing the handicapped to more actively participate in society. Consequently, the handicapped are acquiring their rights by directly demanding for correction of varied discrimination. Though even more facilities have been provided, most of them are deficient in the quality, setting limits to the handicapped person's living field as well as social activities. Especially, most public buildings in our country rarely provide the adequate facilities for the handicapped, aged men, pregnant women and nursing mother. Therefore, this study is focused on developing the list of actual condition research that can effectively detect the inadequacy of facilities in public buildings. Then it will find the aspects to be improved in a systematic and scientific way to propose a practical method to improve the facilities in public buildings.

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The information of the businesses and the protection of information human rights (기업정보화와 정보인권보호)

  • 하우영
    • Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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    • 2003.12a
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    • pp.543-559
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers’side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers’side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals’with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

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Analysis the Appropriate Schedule for the Installment Payment Amount and Establishment of the Post sale System and Policy in the Apartment Construction (공동주택 건설사업에서 후분양의 제도 및 정책 수립을 위한 분담금 납부 적정시기 분석)

  • Yoon, Inhwan;Bae, Byungyun
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.4
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    • pp.59-65
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    • 2021
  • Since the 2016 "Housing Act Partial Amendment" and the "2018 Housing Comprehensive Amendment Plan", interest in the pre sale system and post sale system of apartment houses has been on the rise. In order to compare the advantages and disadvantages of the pre sale system and the post sale system of apartment houses, and to establish the basis for the institutional policy of the post sale system, a questionnaire survey method was used for tenants of the apartment house from the public side, and issues of time and cost. The time series analysis method is intended to suggest an appropriate time for payment of contributions. Accordingly, through a review of existing theories and literature, the post sale system of public and private institutions was organized, and through a questionnaire survey, the path to securing pre sale money, product information of the model house, and the degree of awareness of the effect of the post sale system were investigated. For the post sale fund support and payment method, it is necessary to increase the commercial line for existing financiers from the user's point of view, and it is necessary to operate in consideration of the economic power of the pre sale market by region. Both 60% post sale and 80% post sale have a price range of up to KRW 10 million, and the total interest rate is 5.0%, and the annual interest rate is about 2.8% for 60% post sale, and about 2.1% for 80% post sale, which is lower than the current 3.1%. I need an interest rate. The research is a perception survey targeting a total of 5,213 households in a sample of after sale apartments in public institutions. As the actual values are analyzed using a time series on the effects of market supply and demand and market prices, there is a limit to applying them to prospective residents of private apartments. In addition, to respond to first time tenants, a questionnaire survey was conducted on five complexes that have moved in within the last five years.

A Management Plan of Wastewater Sludge to Reduce the Exposure of Microplastics to the Ecosystem (미세플라스틱의 환경노출을 최소화하기 위한 하·폐수 슬러지 관리방안)

  • An, Junyeong;Lee, Byung Kwon;Jeon, Byong-Hun;Ji, Min-Kyu
    • Clean Technology
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    • v.27 no.1
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    • pp.1-8
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    • 2021
  • Due to the negative impacts of microplastics (MPs) on the ecosystem, the investigation of its occurrence and its treatment from sewage and wastewater treatment plants (WWTPs) have received a lot of attention in the recent years. Most MPs are precipitated and removed with the sludge during the treatment process. Proper sludge management is immensely necessary to avoid MP exposure in the environment. However, the domestic research on this aspect is limited. This study reviews appropriate sludge management approaches to decrease environmental MP exposure. This can be achieved through investigating sludge generation and treatment, regulation laws and government policy trends with an emphasis on WWTPs. The ratio of sludge in sewage treatment plants has been observed to be highest in recycling followed by incineration and landfills. Recycling is the highest in fuel followed by construction materials and composting. For WWTPs, the highest ratio is in recycling followed by fuel and landfills, and recycling is confirmed in the following order: incineration > after composting > after solidification > earthworm breeding. Treatment approaches that can increase the exposure of MPs to the ecosystem are considered to be used in landfills and agricultural fields. However, this method is not appropriate given the insufficient capacity of domestic landfills and the sufficient supply of existing chemical and animal manure fertilizers. Instead, it would be rational in terms of environmental preservation to expand the use of fuel and energy in connection with the new and renewable energy policy, and to actively seek the use of sub-materials for construction materials. In order to secure the basic data for the effectiveness of future planning and revision of related laws, it is required to perform an in-depth investigation of the sludge supply and demand status along with the environmental and economic effects.

A Direction of the Monitoring of Household Chemical Products in Aquatic Environments: The Necessities for a Trophic Magnification Factor (TMF) Research on Fish (다양한 수생태계에 적용 가능한 유해물질의 영양확대계수 (trophic magnification factor, TMF) 연구 - 생활화학제품에서 기인한 성분과 어류조사를 중심으로)

  • Eun-Ji Won;Ha-Eun Cho;Dokyun Kim;Seongjin Hong;Kyung-Hoon Shin
    • Korean Journal of Ecology and Environment
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    • v.55 no.3
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    • pp.185-200
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    • 2022
  • The risk of various hazardous substances in aquatic environment comprises not only the concentration of substances in the environmental medium but also their accumulation in fish through complex food web and the health risks to humans through the fish. In Korea, the monitoring of residual toxicant in aquatic ecosystems began in 2016 following the enforcement of the Acts on registration and evaluation for the management of chemicals used in daily life (consumer chemical products), and attention has been paid to potentially hazardous substances attributed to them. Recently, studies have been carried out to investigate the distribution of these hazardous substances in the ecosystem and calculate their emission factors. These include the accumulation and transport of substances, such as detergents, dyes, fragrances, cosmetics, and disinfectants, within trophic levels. This study summarizes the results of recently published research on the inflow and distribution of hazardous substances from consumer chemical products to the aquatic environment and presents the scientific implication. Based on studies on aquatic environment monitoring techniques, this study suggests research directions for monitoring the residual concentration and distribution of harmful chemical substances in aquatic ecosystems. In particular, this study introduces the directions for research on trophic position analysis using compound specific isotope analysis and trophic magnification factors, which are needed to fulfill the contemporary requirements of selecting target fish based on the survey of major fish that inhabit domestic waters and assessment of associated health risk. In addition, this study provides suggestions for future biota monitoring and chemical research in Korea.

Evaluation for applicability of river depth measurement method depending on vegetation effect using drone-based spatial-temporal hyperspectral image (드론기반 시공간 초분광영상을 활용한 식생유무에 따른 하천 수심산정 기법 적용성 검토)

  • Gwon, Yeonghwa;Kim, Dongsu;You, Hojun
    • Journal of Korea Water Resources Association
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    • v.56 no.4
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    • pp.235-243
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    • 2023
  • Due to the revision of the River Act and the enactment of the Act on the Investigation, Planning, and Management of Water Resources, a regular bed change survey has become mandatory and a system is being prepared such that local governments can manage water resources in a planned manner. Since the topography of a bed cannot be measured directly, it is indirectly measured via contact-type depth measurements such as level survey or using an echo sounder, which features a low spatial resolution and does not allow continuous surveying owing to constraints in data acquisition. Therefore, a depth measurement method using remote sensing-LiDAR or hyperspectral imaging-has recently been developed, which allows a wider area survey than the contact-type method as it acquires hyperspectral images from a lightweight hyperspectral sensor mounted on a frequently operating drone and by applying the optimal bandwidth ratio search algorithm to estimate the depth. In the existing hyperspectral remote sensing technique, specific physical quantities are analyzed after matching the hyperspectral image acquired by the drone's path to the image of a surface unit. Previous studies focus primarily on the application of this technology to measure the bathymetry of sandy rivers, whereas bed materials are rarely evaluated. In this study, the existing hyperspectral image-based water depth estimation technique is applied to rivers with vegetation, whereas spatio-temporal hyperspectral imaging and cross-sectional hyperspectral imaging are performed for two cases in the same area before and after vegetation is removed. The result shows that the water depth estimation in the absence of vegetation is more accurate, and in the presence of vegetation, the water depth is estimated by recognizing the height of vegetation as the bottom. In addition, highly accurate water depth estimation is achieved not only in conventional cross-sectional hyperspectral imaging, but also in spatio-temporal hyperspectral imaging. As such, the possibility of monitoring bed fluctuations (water depth fluctuation) using spatio-temporal hyperspectral imaging is confirmed.

Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

Establishment of Safety Factors for Determining Use-by-Date for Foods (식품의 소비기한 참고치 설정을 위한 안전계수)

  • Byoung Hu Kim;Soo-Jin Jung;June Gu Kang;Yohan Yoon;Jae-Wook Shin;Cheol-Soo Lee;Sang-Do Ha
    • Journal of Food Hygiene and Safety
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    • v.38 no.6
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    • pp.528-536
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    • 2023
  • In Korea, from January 2023, the Act on Labeling and Advertising of Food was revised to reflect the use-by-date rather than the sell-by-date. Hence, the purpose of this study was to establish a system for calculating the safety factor and determining the recommended use-by-date for each food type, thereby providing a scientific basis for the recommended use-by-date labels. A safety factor calculation technique based on scientific principles was designed through literature review and simulation, and opinions were collected by conducting surveys and discussions including industry and academia, among others. The main considerations in this study were pH, Aw, sterilization, preservatives, packaging for storage improvement, storage temperature, and other external factors. A safety factor of 0.97 was exceptionally applied for frozen products and 1.0 for sterilized products. In addition, a between-sample error value of 0.08 was applied to factors related to product and experimental design. This study suggests that clearly providing a safe use-by-date will help reduce food waste and contribute to carbon neutrality.