• The Korean Journal of Archival Studies
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• no.18
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• pp.281-315
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• 2008

This paper reviews recent records issues surrounding former president Roh Moo-Hyun's private possession of the copies of the presidential records in Korea. While the former president transferred his records to the National Archives of Korea, he copied his electronic presidential records and kept them in his house after the term. His retention of the "records copies" arouse critical records issues and criminal charges. In this paper, I examined the definition of presidential records and legal status of records copies, authenticity of electronic copies of public records in public and private records systems, nature and scope of presidential privilege of access to his records, and most importantly, political neutrality of national archives. I examined these issues comparing with foreign experience, especially that of the United States which has the Presidential Records Act like Korea. All issues are examined in the professional spirit of archives principles and archives ethics. Legal status of the electronic copies of presidential records is not firmly established and the criminal charge seems groundless. However, it is against public archives principles and ethics that private former president privately possesses and manages private information and national security information held in the electronic copies of the presidential records. Presidential Records Act of Korea provides an effective tool to protect the presidential records for 15 years and it should be respected. It is time to consolidate the public records management institutions in Korea, not to disintegrate them.

• The Korean Journal of Archival Studies
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• no.51
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• pp.279-306
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• 2017

This study aims to identify issues with regard to practicing the current Korean Archives Law and, by doing so, to boost a community-wide discussion for revising it. Five researchers collaboratively interviewed five groups of stake-holders. Each group was consisted of practitioners in central government agencies, provincial governments, and educational district offices, as well as instructors of archival education programs. To uncover diverse issues from various perspectives, the interview was initiated by a common question: "Do you have any idea in terms of revising the current law?" After all interview sessions were completed, the researchers discussed among themselves and established a framework for analysis. The study is expected to provide a starting point for the Korean archival community to reinvent the law so that the archival culture and practice in Korea could open a new era.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

• Proceedings of the Korea Water Resources Association Conference
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• 2017.05a
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• pp.254-254
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• 2017

수자원장기종합계획은 수자원의 안정적인 확보와 효율적인 이용 개발 및 보전을 위하여 "하천법" 제23조에 근거하여 수립되는 물 분야의 최상위 법정계획이다. 수자원장기종합계획은 20년 단위로 수립되며, 5년마다 그 타당성 여부를 검토하여 필요한 경우에는 계획을 변경하고 있다. 국토교통부는 지난 2016년 12월 수자원장기종합계획 제3차 수정계획(2016~2020년)을 수립 고시하였다. 그런데 수자원장기종합계획과 같이 상위 개념의 법정계획의 수립을 위해서는 관련 법정계획 및 부처 간의 수평적 수직적 연계가 중요한데, 현행 법체계는 이에 미흡한 측면이 있어 보인다. 우선적으로 수평적 연계를 위해서는 수자원장기종합계획 수립과정에 이수 치수 및 방재 분야의 업무를 담당하고 있는 관련 부처의 적극적인 참여를 독려할 필요가 있다. 현재 "하천법" 제23조제4항은 수자원장기종합계획을 수립하거나 변경할 경우, 중앙행정기관의 장과 협의하도록 규정하고 있다. 그러나 현행 규정에 따른 부처별 '협의'는 국토교통부가 수자원장기종합계획을 수립한 후 관련 부처의 의견을 수렴하는 소극적 형태의 협의라고 볼 수 있다. 효율적인 수자원장기종합계획 수립을 위해서는 "하천법" 소관 부처인 국토교통부가 수자원장기종합계획 수립을 위한 기본적인 지침을 수립하여 관련 중앙부처인 환경부(환경), 국민안전처(치수), 산업통상자원부(공업용수) 및 농림축산식품부(농업용수)에 시달하고, 각 부처는 담당 분야별 계획을 수립하여 국토교통부에 송달한 후, 국토교통부는 이를 취합 검토하여 수자원장기종합계획을 수립하는 적극적 형태의 연계를 고려할 필요가 있다. 수직적 연계를 위해서는 기존의 하향식(top-down)에서 벗어나 상향식(bottom-up)의 계획수립이 필요해 보인다. 즉 국토교통부의 수자원장기종합계획 수립에 따라 하위 개념의 유역종합치수계획("하천법" 제24조) 및 댐건설장기계획("댐건설 및 주변지역지원 등에 관한 법률" 제4조) 등을 수립하는 것이 아니라, 지역별 유역별로 수자원계획을 우선적으로 마련하도록 하고 이를 기초로 전 국토를 대상으로 하는 수자원장기종합계획을 수립하는 방안이 적절해 보인다. 이를 위해서는 수자원장기종합계획 수립하기 이전에 지역별 또는 유역별로 수자원계획을 수립할 수 있도록 "하천법"에 관련 규정을 신설할 필요가 있으며, 이수뿐만 아니라 환경, 방재 분야의 하위 법정계획의 수립 시기 및 주요 내용에 대한 종합적인 검토가 요구된다.

• Journal of the Korean Society of Radiology
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• v.16 no.3
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• pp.327-334
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• 2022

In this study, the purpose of this study was to conduct a basic study on the effectiveness and feasibility of the regulation of the Nuclear Safety Act for the department of radiology by examining the questionnaire on the satisfaction of on-campus practice while attending the department of radiology and the current status of radiation workers and radiation related workers. As for the satisfaction of the workers who were designated as frequent visitors while attending the department of radiology and did not handle and operate the radiation generator during on-campus training, 34.62% of the workers answered 'not satisfied'. On the other hand, 50% of workers who were designated as radiation workers while attending school or who were enrolled in school before the regulation of the nuclear safety act and handled and operated radiation generators were 'satisfied' at 50%. In addition, the annual exposure dose of radiation workers in educational institutions was found to be less than 0.05 mSv. If you look at the trends of radiation workers and radiation workers, it can be seen that students who graduate from the Department of Radiology find the most employment in the field dealing with diagnostic radiation generators registered as radiation workers among medical institutions. Therefore, by easing the regulations of the current Nuclear Safety Act or by amending the medical act and the rules on the safety management of diagnostic radiation generating devices, etc. It is presumed that something is necessary.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.37-55
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• 2021

On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

• Journal of Practical Engineering Education
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• v.13 no.3
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• pp.545-558
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• 2021

As the "Partial Amendment to the Vocational Competency Development Act" was passed, and the mandatory refresher training was legislated in March 2020, HRD education institutions has prepared a plan for the improved refresher training to strengthen the competency of vocational training teachers and to improve the quality of refresher training. However, as demand for refresher training is concentrated in partial occupations, it is necessary prepare a separate plan to recognize personal learning as a refresher training for a minority of teachers who are not provided with a training. Therefore, this study aims to identify areas of a minor training occupations that don't exist many participants for a refresher training and to derive ways to recognize their multiple education experiences and participations instead of attending a refresher training. To this end, literature review, analysis of current situation, consultation with stakeholders, and written interviews with experts were conducted. As a result, a minority of training occupations was defined as type 1 and type 2 and ways of the recognition of refresher training for minority of training occupations which embrace various educational types were derived. Lastly, discussions and suggestions on the expansion of the scope of the recognition of refresher training for minority of training occupations were provided.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• Journal of International Area Studies (JIAS)
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• v.12 no.4
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• pp.67-88
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• 2009

In April, 1995, ANC government was established in South Africa. The Black government set up Truth and Reconciliation Committee in November, 1995. The Committee investigated approximately 50,000 cases for 3years. Through this process, Black and White in SA could be united into one. Finally, the system of racial discrimination, lasting for about 300 years, was abolished. The Committee played a role as a social infra-structure, which was to perform and solidify democracy in SA. Reconciliation, agreement, Participation, equality, Communication, and Reformation of law system were practically implemented by the Committee. Many people evaluate TRC's activity, which had the reformative and democratic character of the object of investigation, investigative criterion, investigative process, and the approval of investigative result. But De Klerk evaluates that TRC retaliated the White with legal. J. Cronin evaluates that TRC transiently change democracy of the South Africa, and many other social movement groups had a negative view about TRC. But the Black and White in South Africa transformed 'discriminated society' into 'united one'. The Committee took the initiative in such a change. The Committee was not an organization needed for the policy, but the committee was the policy itself to change the former society to the new one. Now The ANC government was forwarding TRC's roles and functions to the truth and reconciliation bureau of the Justice Department for further action. The ANC government has to execute some policy for social reconciliation. Firstly, the government needs to build construction social and national system for making close investigation into the White's historical guilt. Secondly, it must be executed to TRC's recommendation pursuit social reform of social infra-structure in the South Africa. Thirdly, The government should execute policy for the Black's right as labors and social member. Lastly, the government must investigate still-remaining historic state violence and infringement of human right for social reconciliation.