• Title/Summary/Keyword: 법률부재

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The Necessity and Possibility of Punitive Damages System for the accident prevention (안전사고 예방을 위한 징벌적 손해배상제도 도입 필요성)

  • Han, Min-Suk;Lee, Bo-Young
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.16 no.9
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    • pp.5865-5874
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    • 2015
  • Large accidents such as the recent to the ringing years Pat disaster they become apparent in the human resources, the cause of the accident is also the site corresponding manual member and management blind spots, are aggregated such as safety frigidity. Big problem is safe frigidity of workplace than accident. It is also a reason to introduce a punitive damages system in offices and business owners that caused the direct safety accident from this point. Punitive damages agent and compensation for mental damage, by so as to compensate for far more money than the actual damages, which carry a punishment nature to prevent a situation where the tort is repeated. Currently, it admits "compensatory damages system" corresponding to the damage that gave basically damage by law, but are subject to criticism that not properly relief victims. However, there is a need for the introduction of punitive damages system for safety accident prevention. This is, this system, while to prevent the recurrence of the reverse safety accident, strive to investment and management for safety, healthy companies can operate in the direction of giving more opportunities, national companies that are ignoring and threatening the safety, but to leave because the match also to social justice.

Developing a Roadmap for National Research Data Management Governance: Based on the Analysis of United Kingdom's Case (국가 차원의 연구데이터 관리체계 구축을 위한 로드맵 제안 - 영국 사례 분석을 중심으로 -)

  • Shim, Wonsik
    • Journal of the Korean Society for Library and Information Science
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    • v.49 no.4
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    • pp.355-378
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    • 2015
  • In recent years, countries such as USA, United Kingdom and Australia have begun to implement national policies in order to systematically manage and share research data produced through publicly funded research. However, Korea as of yet does not have a coordinated research data policy. The lack of infrastructure that supports the sharing and preserving research data results in the poor management and loss of valuable data produced from significant national R&D investments. The need for research data collection, management and sharing goes beyond the outcome assessment of national research: it facilitates the diffusion of research impact and economic development. There is a growing recognition that data sharing is an essential element of research ethics. This research investigates the relevant research data policies and methods of governance at the national level using a case study analysis. United Kingdom was selected as a case study target as it shows a wide variety of policy examples and instruments. In particular, this research focuses on the UK's national legal framework for research data sharing, analyzes the RCUK (Research Councils UK)'s data policies, activities at the seven research councils under RCUK as well as several supporting institutions. Based on the analyses, this research offers a national roadmap for better managing and sharing of research data in Korea.

An Design of Analyzing Process by Construction Extension of Time (공기연장 분쟁의 공사기간 분석 프로세스 설계에 관한 연구)

  • Kim, Beop-su;Seong, Gi-gang;Bae, In-ho;Bang, Hong-soon;Choi, Hyeong-jin;Kim, Ok-kyue
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.4
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    • pp.104-113
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    • 2019
  • Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.

Analysis of the Needs of Field Experts for the Provision of Rehabilitation Sports Activities Services for the Disabled (장애인 재활운동 및 체육활동 서비스 제공을 위한 현장 전문가 요구도 분석)

  • Kang, Dong-Heon;Park, Ji-Young;Eun, Seon-Deok
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.8
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    • pp.213-231
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    • 2021
  • Due to the absence of rehabilitation sports service systems linked to post-discharge medical measures and rehabilitation, disabled people cannot participate in physical activities suitable for individual disability types, characteristics, and physical functions. In December 2017, the Act on the Rights of Health for the Disabled) was implemented to provide an institutional basis for disable people to address their needs for rehabilitation sports. Based on related studies conducted in Korea, this study aims to collect the results of a demand survey conducted on experts who are rehabilitation sports service providers and analyze the demand for rehabilitation sports services from a policy perspective. This study extracts the needs of experts presented in the literature and presents the extracted content as an inductive content analysis. The criteria for selecting the literature were selected based on studies related to "adaptive physical activity and exercise," "sports for all for the disabled," and "rehabilitation sports" conducted in the Republic of Korea, including the results of a demand survey on experts. The study results were categorized into seven categories (perception of sports activities, programs, leaders, facilities, accessibility, cost/support/financial resources, and others) of field experts who are rehabilitation sports service providers. In a future study, it will be necessary for people with disability, who are consumers who will provide actual services, to identify problems at the disabled sports site and come up with measures to improve them.

Development of Verification Method for ADCP (ADCP 유량 측정기기의 검정 방안 개발)

  • Noel Kang;Chi Young Kim;Kyung Min Kang;Yo Han Cho;Chang-Hwan Kim
    • Proceedings of the Korea Water Resources Association Conference
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    • 2023.05a
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    • pp.305-305
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    • 2023
  • 수문조사기기 검정은 강수량, 수위, 유량 등과 같은 수문자료를 관측하는 수문조사기기가 대상지역의 수문상황을 정확하게 관측하는지를 검사하는 일련의 과정으로 「수자원의 조사 계획 및 관리에 관한 법률」 제12조에 법적 기반을 두고 있다. 검정 대상은 강수량, 수위, 유속, 유사량, 토양수분량, 증발산량, 증발량 측정기기 총 7종이며, 환경부장관으로부터 한강홍수통제소가 검정업무를 위임받고, 한국건설기술연구원과 한국수자원조사기술원이 위탁받아 운영중에 있다. 최근에는 증발산량, 토양수분량 및 유량 측정기기기 등이 첨단화되어 기존 검정 방식에 대한보완 및 신설에 대한 요구가 증가하고 있다. 특히, 유량 측정시 기존에 사용하였던 회전식 유속계는 ADCP(Acoustic Doppler Current Profiler) 유량측정기기로 대체되어 활용률이 2013년 24%에서2021년 67%로 약 2.8배 급격히 증가하였다. 하지만 수문조사기기 검정 관련 고시 내 ADCP에 대한검사방법 및 허용오차 등의 규정이 부재하여 수문조사기기의 검정 공백이 발생하는 등의 문제가 존재하고 있다. 이에 본 연구에서는 ADCP 운영 및 기술 현황, 현행 법령, 국외 사례 등을 검토하여 ADCP 유량측정기기의 검사방법 및 허용오차에 대한 방안을 제시하고자 한다. ADCP 검사방법은 총 5단계로 외관검사, 자가진단 검사, 온도센서 검사, 수심측정 검사, 유량비교측정 검사에 따라 검정을 실시한다. 첫 번째 외관검사시에는 기기 외관과 센서 등 물리적 손상을 점검하고, 두 번째 자가진단 검사에서는 센서 변환 매트릭스 값, 수신부 센서 테스트, RAM/ROM 테스트, 통신 테스트 등에 관한 정상값 산출 여부를 확인한다. 세 번째 온도센서 검사에서는 검증용 온도센서를 이용한 값과 ADCP에 부착된 온도센서 값과 차이를 확인하고 ±2℃초과시 재검사 또는 적절한 조치를 취한 후 다음 단계의 검사를 진행한다. 네 번째 수심측정 검사에서는 수조 내 수심 측정을 확인하여 실제 수심과의 오차를 확인하고 ±1% 초과시 재검사 또는 적절한 조치 후 다음 검사를 실시한다. 유량비교 측정검사에서는 각 기기 간의 평균유량의 상대오차를 평가하는 것으로 ±5%미만에는 합격, ±5이상 ±10%미만에서는 재검사, ±10%이상에서는 공장수리를 권고하도록 하고, 1~5 단계의 검사를 통과한 기기를 대상으로 인증서를 발급하도록 한다. 유량비교 측정검사시에는 매년 ADCP를 사용하는 일반기업 및 공공기관 등이 모여 ADCP의 성능을 상호간 비교하는 'ADCP 기술협력 워크숍'을 확장하여 실시할 수 있다. 각 검사 단계의 허용오차는 USGS 또는 제조사 기준과 2022년 ADCP 기술협력 워크숍 성능검사 분석 결과를 토대로 하였다. 본 ADCP 검정 방안은 향후 ADCP 모델별로 단계별 시범 검토를 통해 세부사항에 대한 제시가 필요하며, 온도센서 검사, 수심측정 검사, 유량 비교측정검사에 대한 허용오차에 대한 타당성에대한 검증 및 검토가 이루어져야 할 것으로 사료된다.

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Investigating the Transfer Status and Improvement Strategies for Records from Defunct Elementary, Middle, and High Schools: After the Enactment of the Public Records Management Act (폐교(초·중·고)기록물 이관현황과 개선방안에 관한 연구: 공공기록물법 제정 이후)

  • Dasom Cheon;Jisue Lee
    • Journal of Korean Society of Archives and Records Management
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    • v.23 no.4
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    • pp.113-135
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    • 2023
  • This study explores the transfer of defunct school records (by preservation period, type, and place of transfer) in South Korea since the Public Records Management Act was enacted in 1999 and suggests improvements. Metropolitan and provincial offices of education, totaling 17, were asked to disclose information about the status of defunct school records. Since 1999, 1,411 schools nationwide have closed permanently, predominantly elementary schools, followed by high then middle schools. By preservation period, there were more records in the 1 to 10-year category than in the 30-year to permanent category. By record type, most were electronic records, followed by paper records, archival objects, and audiovisual records. By place of transfer, most nonelectronic records were transferred to integrated schools, and most electronic records were transferred to the Records Management System. In-depth interviews with 10 record managers from local education offices found that the management of defunct school records varies widely by region and institution because of the lack of specified manuals. Participants also reported difficulties in transferring web-based records, archival objects, and audiovisual records, as well as insufficient archival space and computer systems. This study also provides suggestions to improve the management of defunct school records, such as establishing specified manuals, creating a dedicated government department for managing defunct school records, deploying workforces, and improving computer systems.

An Intelligent CCTV-Based Emergency Detection System for Rooftop Access Control Problems (옥상 출입 통제 문제 해결을 위한 지능형 CCTV 기반 비상 상황 감지 시스템 제안)

  • Yeeun Kang;Soyoung Ham;Seungchae Joa;Hani Lee;Seongmin Kim;Hakkyong Kim
    • Convergence Security Journal
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    • v.24 no.1
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    • pp.59-68
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    • 2024
  • With advancements in artificial intelligence technology, intelligent CCTV systems are being deployed across various environments, such as river bridges and construction sites. However, a conflict arises regarding the opening and closing of rooftop access points due to concerns over potential accidents and crime incidents and their role as emergency evacuation spaces. While the relevant law typically mandates the constant opening of designated rooftop access points, closures are often tacitly permitted in practice for security reasons, with a lack of appropriate legal measures. In this context, this study proposes a detection system utilizing intelligent CCTV to respond to emergencies that may occur on rooftops. We develop a system based on the YOLOv5 object detection model to detect assault and suicide attempts by jumping, introducing a new metric to assess them. Experimental results demonstrate that the proposed system rapidly detects assault and suicide attempts with high accuracy. Additionally, through a legal analysis of rooftop access point management, deficiencies in the legal framework regarding rooftop access and CCTV installation are identified, and improvement measures are proposed. With technological and legal improvements, we believe that crime and accident incidents in rooftop environments will decrease.

An historical analysis on the carbon lock-in of Korean electricity industry (한국 전력산업의 탄소고착에 대한 역사적 분석)

  • Chae, Yeoungjin;Roh, Keonki;Park, Jung-Gu
    • Journal of Energy Engineering
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    • v.23 no.2
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    • pp.125-148
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    • 2014
  • This paper performs a historical analysis on the various factors contributing to the current carbon lock-in of Korean electricity industry by using techo-institutional complex. The possibilities of the industry's carbon lock-out toward more sustainable development are also investigated. It turns out that market, firm, consumer, and government factors are all responsible for the development of the carbon lock-in of Korean power industry; the Korean government consistently favoring large power plants based on the economy of scale; below-cost electricity tariff; inflation policy to suppress increases in power price; rapid demand growth in summer and winter seasons; rigidities of electricity tariff; and expansion of gas-fired and imported coal-fired large power plants. On the other hand, except for nuclear power generation and smart grid, environment laws and new and renewable energy laws are the other remaining factors contributing to the carbon lock-out. Considering three key points that Korea is an export-oriented economy, the generation mix is the most critical factor to decide the amounts of carbon emission in the power industry, and the share of industry and commercial power consumption is over 85%, it is unlikely that Korea will achieve the carbon lock-out of power industry in the near future. Therefore, there are needs for more integrated approaches from market, firm, consumer, and government all together in order to achieve the carbon lock-out in the electricity industry. Firstly, from the market perspective, it is necessary to persue more active new and renewable energy penetration and to guarantee consumer choices by mitigating the incumbent's monopoly power as in the OECD countries. Secondly, from the firm perspective, the promotion of distributed energy system is urgent, which includes new and renewable resources and demand resources. Thirdly, from the consumer perspective, more green choices in the power tariff and customer awareness on the carbon lock-out are needed. Lastly, the government shall urgently improve power planning frameworks to include the various externalities that were not properly reflected in the past such as environmental and social conflict costs.

A Study on Problems with the ROK's Bioterrorism Response System and Ways to Improve it (생물테러 대응체제의 문제점과 개선방안 연구)

  • Jung, Yook-Sang
    • Korean Security Journal
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    • no.22
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    • pp.113-144
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    • 2010
  • Bioterrorism is becoming more attractive to terrorist groups owing to the dramatic increase in the utility and lethality of biological weapons in line with today's cutting-edge biological science and technology. The Republic of Korea is facing both internal and external terrorist threats, as well as the possible biological warfare by North Korea. Therefore, it is essential to establish an effective bioterrorism response system in the ROK. In order to come up with the adequate response system for the ROK, an in-depth study has been conducted on the current bioterrorism response system of the U.S. whose preparedness is considered relatively adamant. As a result, the following facts have been found: (1)the legislation with regard to bioterrorism has been established or amended according to the current situation in the U.S., (2)the counter terrorism activities have been integrated with the Department of the Homeland Security as the central agency in order to maximize the national CT capacity, (3)Specific procedures and instructions to cope with bioterrorism have been made into manuals so as to enhance the working-level response capabilities. Next, the analysis on the ROK's bioterrorism response system has been performed in various categories, including the legislation system, task role distribution, cooperative relations, and resource application. It turned out that the ROK's legislation basis is relatively weak and it lacks the apparatus to integrate the bioterrorism response activities on the national level. The shortage of the adequate response facilities and resources, as well as the poor management of manpower have also emerged as problems that hinder the effective CT implementations. Through an analytical and comparative study of the U.S. and the ROK systems, this paper presents several ways to ameliorate improve the current system in the ROK as follows: (1)establish the anti-terrorism law, which would be the basic legal basis for the bioterrorism-related matters; and make revisions to the disaster-related legislation, relevant to bioterrorism response activities, (2)establish an integrated body that has a powerful authority to coordinate the relevant CT agencies; and converge the decentralized functions to maximize the overall response capacity, (3)install the laboratories with a high biosafety level and secure enough of the strategic medical stock-pile, (4)enhance the ability of the inexperienced response personnel by providing with a manual that has detailed instructions.

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Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.