• Title/Summary/Keyword: 법률의 개정 방향

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Research trend analysis of the introduction at the issue of private investigation institution (민간조사제도 도입시 쟁점에 대한 연구동향 분석)

  • Seo, Jin-Seok
    • Convergence Security Journal
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    • v.15 no.3_2
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    • pp.11-19
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    • 2015
  • This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

A Study of Public Records Management Act: Legal Status of the National Archives of Korea and Right to Know (『공공기록물 관리에 관한 법률』의 제정 의의와 개선방안 - 국가기록원의 위상과 국민의 알권리를 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.8 no.1
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    • pp.5-25
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    • 2008
  • This article reviews the current Public Records Management Act which revised in October 2006 and put in force in April 2007. Since Public Records Management Act has been enacted in 1999, the external development of record management is significant. The Road Map for Record Management Reform in 2005 and the Information Strategy Project in 2006 are prime examples. However, our legal system concerning record management is still posing a number of problems, ranging from issues about objects and definitions of record management to issues of access. These issues have been subject to serious critics from various stakeholders, including civil organizations and academics. The article analyses a legal status of the National Archives of Korea and issues concerning access to current and archival records. As a result of the discussion, the article provides alternative plans.

The future Progressing strategy of the private investment project of the construction corporations to prepare for the SOC market change. (SOC시장변화에 대비한 건설사의 민간투자사업 향후 추진전략)

  • 정철원;김원근;이성호;이주헌
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.67-72
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    • 2004
  • 최근 건설산업은 공공 및 민간부문의 발주물량 감소가 가시화되고 있으며, 최저가입제에 의한 사업수익율 하락 추세는 향후 건설업 붕괴위기, 건설산업 사양산업화라는 비관적 견해가 떠돌 만큼 건설업 전반이 심각한 위기를 맞고 있다. 정부는 재정 부족으로 인하여 SOC사업의 축소조정이 불가피하지만 국가경제의 악영향 해소와 신속한 경쟁력 회복을 위해 SOC사업에 대한 투자확대와 푹소범위 최소화의 필요성을 인식하고 있으며, 이에 재정부족과 SOC 확충이라는 두가지 문제를 해격하기 위해 민간투자사업이 활성화되고 있는 실정이다. 현재, 정부에 의해 주도되고 있는 민간투자사업의 제도 및 법률의 개정방향은 피간 건설업체가 주도하던 민자사업에 대하여 연기금 및 금융권으로의 전환을 예고하고 있으나, 현실적으로 금융권이 자체적으로 SOC 사업에 대한 투자를 위한 사업 타당성 분석이 어려운 실정이므로 이에 대한 대안으로 SOC 민간투자사업에 대한 노하우를 축적한 건설업체의 SOC 민간투자사업 분야에 아웃소싱 개닐념 도입, 특화하여 효율성을 극대화 시킴으로써 사업의 안정성 확보와 동시에 투자 수익 실현을 통하여 SOC 민간투자 활성화에 견인차 역학을 할 수 있는 전문운영회사의 도입에 대하여 논하고자 한다.

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A Study on the Procedures of Diligent Search for the Use of Orphan Works in Cultural Institutions (문화시설의 권리자불명 저작물 이용을 위한 '상당한 조사'의 절차에 관한 연구)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.131-154
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    • 2024
  • This study aims to check the effectiveness of 'diligent search' stipulated in Article 35-4 of the Copyright Act of Korea. 'Diligent search' is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.

Directions for Legislative Improvement for the Creation and Operation of Ecological Parks (생태공원의 조성과 운영 내실화를 위한 법제적 개선 방향)

  • Kim, Ah-Yeon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.52 no.1
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    • pp.71-86
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    • 2024
  • Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.

A Research for Revising the Korean Archives Law with Interviews (공공기록물 관리에 관한 법령 개정을 위한 면담 연구)

  • Hyun, Moonsoo;Chung, Sanghee;Park, Min-Young;Hwang, Jin-Hyun;Lee, So-Yeon
    • 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.

Research for the Legal Protection System of Minor Actors and Actresses -Focused on the Analysis of Popular Culture Art Industrial Development Act- (우리나라 청소년 연기자 보호 제도에 관한 고찰 -2014년 시행 '대중문화예술산업발전법' 분석을 중심으로-)

  • Kim, Jeong-Seob
    • The Journal of the Korea Contents Association
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    • v.15 no.1
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    • pp.86-94
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    • 2015
  • This study is carried out to critically explore the direction of the improvement of the protection clauses of minor artists which is the core of Popular Culture Art Industrial Development Act enforced from July 29, 2014. The analysis shows that the law accepted the social issues such as the prevention of procuring minor prostitution, slave contracts(unfair long-term contracts), and third party's profit-extortion. However, the law missing or not specifically stated about age-based differential enforcement of work hours, dangerous acting scenes shouldn't be forced to minors, right to sleep, health, and study, as well as the penalty regulations in violation of each clause. Consequently, the Act's revision and supplementation is necessary to fully meet above insufficiencies referring to foreign practices.

A Study on the Safe Use of Data in the Digital Healthcare Industry Based on the Data 3 Act (데이터 3법 기반 디지털 헬스케어 산업에서 안전한 데이터 활용에 관한 연구)

  • Choi, Sun-Mi;Kim, Kyoung-Jin
    • Journal of the Korea Convergence Society
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    • v.13 no.4
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    • pp.25-37
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    • 2022
  • The government and private companies are endeavoring to help the digital healthcare industry grow. This includes easing regulations on the big data industry such as the amendment of the Data 3 Act. Despite these efforts, however, there have been constant demands for the amendment of laws related to the medical field and for securing medical data transmissions. In this paper, the Data 3 Act of Korea and the legal system related to healthcare are examined. Then the legal, institutional, and technical aspects of the strategies are compared to understand the issues and implications. Based on this, a legal and institutional strategy suitable for the digital healthcare industry in Korea is suggested. Additionally, a direction to improve social perception along with technical measures such as safe de-identification processing and data transmission are also proposed. This study hopes to contribute to the spread of various convergent industries along with the digital healthcare industry.

Study on Precedents about Sex Offense Cases by Medical Practitioners (의료인 성범죄 사건에 관한 판례 고찰 : 대법원 2016. 12. 29. 선고 2015도624 판결을 중심으로)

  • Jeon, Byeong-Joo
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.610-618
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    • 2017
  • Sex offense by medical practitioners has been occurring continuously in Korea leading to not only patients but the general public expressing anxiety and increased distrust in the medical field. The government has been pushing ahead with the legislation or revision of law to increase the penalties on sexual offenders in response to requests for a stricter legal framework to address sex offense cases and has expressed a strong commitment to actively resorting to administrative corrective measures towards sexually offending medical practitioners. Unlike such an overall social atmosphere, the Judiciary that is in charge of applying the law seems not to perceive the seriousness of sex offense cases committed by medical practitioners. A doctor who had sexually assaulted a middle school female student during medical treatment at a pediatric hospital was found innocent by the supreme court, which was a ruling in direct contrast to overall public sentiment. As such, this study seeks to analyze the precedent on cases involving sex offense by medical practitioners with a focus on the above-mentioned case and present implications. The study seeks to dispel distrust in the overall medical field by addressing the gap in legal interpretation towards sex offense committed by medical practitioners and thus provide basic data that can help the general public receive quality medical services in a safer environment.

A Study on the Linkage and Gap in Personal Information Policy in Cloud Services between Multinational Companies' Human Resource Management and Domestic Companies' Human Resource Management (제조 전문 국제기업 인사관리와 국내 인사관리 클라우드 서비스 운영 개인정보정책과의 연계 및 괴리에 대한 연구)

  • Seo, Woo-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.1
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    • pp.639-643
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    • 2018
  • Laws concerning the protection of personal information have been enacted and revised as the legislation on personal information protection on the basis of the Act on the Protection of Personal Information Maintained by Public Institutions. Nevertheless, there have been continuing threats resulting from the fact that restrictions on security subject to laws remain unclear. By proposing protected access utilizing a unique identification key of enterprises, regarding the personal information of various internal and external clients held by international manufacturing companies and attempting to make policy aspect and management access at the same time, there is a change of gradual decline in cloud personnel information management service, which is the domestic ISP service for personnel management as the technology facilitated to reduce the burden on personnel and cost for the protection of personal information and the market is also changing to the direction for companies to directly operate. Therefore, this study intends to examine the convenience of integrated management for ensuring security, while confirming the gap on flexibility and safety on management point regarding the human resources of international manufacturing companies arising from its interactions.