• Title/Summary/Keyword: 법률 개정

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Discussion on Local Archives Based on the Ideology of Educational Autonomy : Focused on the Need to Amend Article 11 of the Public Records Act (교육자치의 이념에 토대한 지방아카이브 논의 공공기록물법 제11조의 개정 필요성을 중심으로)

  • Jeong, SangMyung
    • The Korean Journal of Archival Studies
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    • no.72
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    • pp.33-89
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    • 2022
  • Recently, following the opening of the Gyeongsangnam-do Archives and the Seoul Archives, work to establish local archives management institutions in cities and provinces is being actively carried out. In this process, there is an institution directly or indirectly affected by the records management work following the emergence of metropolitan·provincial office of education records management institutions. Article 11 of the current Public Archives Act is centered on cities and provinces, such as giving only the mayor and provincial governor the duty to establish a local record management institution. When a management agency is established, only the obligation to transfer the records with a retention period of 30 years or more among the records under its jurisdiction is specified. This is not appropriate when considering that each metropolitan·provincial office of education and each metropolitan·provincial perform their own duties and roles at the metropolitan·provincial level in accordance with the Constitution and laws. Therefore, in this study, legally, institutionally and historically, the fact that metropolitan·provincial offices of education and metropolitan ·provincial are the core institutions that realize local educational autonomy and local autonomy, and are equivalent administrative agencies independently in charge of their own affairs in their respective jurisdictions. We compared and examined the need to revise Article 11 of the current Public Archives Act, which is overly composed of cities and provinces, and presented the expected effects of the establishment of local records management institutions by cities and provinces of education.

Revising Countermeasures Against Natural Disasters Act to Introduce a Coastal Compound Disaster Management Area (해안가 복합재해 관리구역 제도 도입을 위한 법령 개정의 주요 방향)

  • Lee, Moonsuk;Cho, Ah Young;Jang, Ahreum
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.995-1003
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    • 2021
  • Coastal compound disasters are becoming more extreme and more frequent due to climate change. Thus, appropriate and systematic disaster management is necessary to reduce potential losses. One solution to this is the creation of a coastal compound disaster management area. However, Korea's "Countermeasures against Natural Disasters Act" needs to be reformed to introduce this coastal compound disaster management area. In this study, we tried to find the appropriate direction for reforming the Act in order to establish a basis for implementing regulations on the Coastal Compound Disaster Management Area with regard to three aspects: science-based management, cooperative management, and adaptive management. The study was on the premise that the system would be operated based on the provisions of the "Countermeasures against Natural Disasters Act". Consequently for effective science-based management, it is necessary to introduce a disaster risk assessment framework. Based on the results obtained through the implementation of this framework, the management areas should be set with differential measures. Next, cooperation among the various ministries is essential to successfully respond to disasters. This study recommends the establishment of an advisory council composed of the related government departments as a pragmatic solution. Finally, in terms of adaptive management, we found that parallelly utilizing non-structural measures could compensate for the limitations of structural measures.

Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

A Study on Auditor Designation System (감사인 지정제도에 관한 연구)

  • Kim, Ye-Kyoung;Hong, Hyo Seog
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.4
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    • pp.479-490
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    • 2021
  • As a part of Korean accounting reforms through the improvement of the accounting and audit related systems, the amendment bill of 'Act on External Audit of Stock Compamies's was passed in the Natinal Assembly plenary session in 2017, the amended act has been enforced except some regulations since the business year on November 1, 2018, and all the amended matters will be applied from the business year of 2024. The reasons for auditor designation in 2019 are 'pre-IPO' 331 companies, 220 periodic designation companies, 197 companies that had operating loss for three consecutive years, 112 companies with issues for administration, 108 companies with excessive debt ratio and 66 companies with no auditors. Regarding the reasons for the increase of auditor designation, 475 companies were increased in accordance with the new designation standard by the amended bill of Act on External Audit of Stock Companies, 114 companies were increased due to the abolition of the considered designation system of companies to be listed, and 90 companies were increased based on the increase of listed companies incorporated to issues for administration. In 2020, 462 companies had periodical designation (434 listed, 28 non-listed), adding 242 companies (110%) over a year. In terms of direct designation, 'pre-IPO' accounted for the most (362 companies), followed by '3 consecutive years of operating loss' (245 companies), then by companies with administration issues (133 companies), and CEO & largest sharholder replacement. Regarding the designation of auditors according to accounting firms in 2020, A group that includes(top 4) accounting firms(Samil, Samjeong, Hanyeong, Anjin) had 526 companies(34.6%), which ia an incease of 72 companies from the previous year(454 companies, 37.1%), but the weight decreased by 2.5%.

A Study on the Application of Copyright for Digital Maps in Korea (우리나라 수치지도의 저작권 적용방안에 관한 연구)

  • Heo, Min;Seo, Chang-Wan;Yoon, Ha-Su;Park, Hong-Gi;Choi, Yun-Soo
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.25 no.6_2
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    • pp.653-663
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    • 2007
  • The purpose of this study is to suggest concrete approaches of copyright application among various map price policies to establish the system of a digital map market, to revitalize its market, and to give the public better map services. To do this, we analyzed copyright law in Korea and the copyright protection of digital map in foreign countries firstly, investigated the applicability of copyright to the map market in Korea, analyzed the effect on this market, and suggested an direction of the revision for the Surveying law and the National Geographic Information (NGlS) law lastly. We drew several conclusions. Firstly, the protection of the rights of database makers is the best approach to protect digital maps in korea. Secondly, we need to adopt copyright to the Surveying law and the National Geographic Information Systems (NGlS) law. Lastly, establishing a copyright trust organization to improve the quality of digital maps and to manage various affairs is needed.

An Analysis on Training Curriculum for Educating Information Security Experts (정보보안 전문인력 양성을 위한 교육과정 분석)

  • Park, Jae-Yong
    • Management & Information Systems Review
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    • v.31 no.1
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    • pp.149-165
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    • 2012
  • Nowadays due to the development of IT, hacking has become a major issue and importance of information system security is rapidly increasing. This research focuses on problems of training system security experts within Korea by analysing university's management information system curriculum and proposes an alternative way to solve this problem. The result of this research is the following. First, reformation of university's curriculum for successfully training system security experts is crucial. Second, theories that was learned in university courses need to be coherent to the actual work that the system security experts do in the field. Lastly, advanced IT countries like the US and Japan have already made standards on training system auditors and reinforced it with laws. Therefore Korea should establish a formal standard system like the other IT industry advanced countries.

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A Study on the Establishment of the Framework Apportion Ratio in Calculating Damages due to Accidental Fires (화재의 실화배상책임액 산정을 위한 프레임워크 수립에 관한 연구)

  • Song, Kwang-Suk;Park, Chung-Hwa
    • Fire Science and Engineering
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    • v.33 no.6
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    • pp.190-203
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    • 2019
  • Since the amendment of the Accidental Fire Liability Act in 2009, interested parties in accidental fire liability contracts have settled issues associated with the estimation of each other's liability amounts through lawsuits. As fire accidents are complex in nature, it is difficult to distinguish between direct and additional damages caused by extended combustion while calculating liability amounts for accidental fires. Additionally, there is an increasing need for establishing and using a framework that includes validity and reliability. To establish such a framework for estimating the liability amounts in case of an accidental fire, this study suggests a novel categorization of fires to be applied to the framework. This will be organized by the subjects of the liability of accidental fires, and quantified and probabilistic processed qualitative items through the methods applied to quantification (AMEA/FTA) based on the fire statistics data published by the government and the previous researchers' research application data and results.

A Study on the Application of UNIDROIT Principles in International Commercial Transaction (국제상거래에서의 UNIDROIT원칙 적용에 관한 연구 - 국제물품매매계약에 관한 유엔협약(CISG)과의 비교를 중심으로 -)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.453-479
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    • 2012
  • The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

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Institutional Review Board and Research Ethics (기관생명윤리위원회(IRB)와 연구윤리)

  • Kim, Jongbin;Kim, Jongsoo
    • Journal of the korean academy of Pediatric Dentistry
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    • v.41 no.2
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    • pp.187-192
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    • 2014
  • Research ethics is the basic attitude for researchers. Thanks to our predecessors we are able to conduct systematic studies. The current trend of results and the amount of study-oriented assessments make the side effect that researchers conduct SCI (Science Citation Index) studies. Since the Declaration of Helsinki, the importance of the right, safety and welfare for human participants have improved. In the present study, I looked into other countries' standpoints concerning the subject of the responsibilities for research ethics and compared them with Korean's standpoint. Recently, the Ministry of Health and Welfare revised the laws for bioethics and safety. In the point of bioethics, I checked out the function, exemption and process of the Institutional Review Board for the future researcher. It is suggested to use the research note to verify a study procedure and protect oneself from research misconducts.

Pricing Policy of Music Service in Digital Music Market-focused on the Regulations for the Digital Music Service (디지털 음악시장에서 음원사용료 징수 개정안의 고찰-2013년 징수개정안을 중심으로)

  • Jung, Ji-Young
    • Journal of Digital Convergence
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    • v.13 no.4
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    • pp.341-348
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    • 2015
  • As a result of growth of digital music market in Korea, Creator's rights and interests have been at the heart of the debate in terms of legal system. In the music industry, digital music revenue has now overtaken records sales and compared to download service it is now clear that music streaming and subscription is mainstream model in the rise of the worldwide market of digital music. This trend is also indentical to the domestic and withholding regulations for music service and creator's rights and interests have become an ever growing issue. Ministry of Culture, Sports ad Tourism decided the revision of withholding regulations for the digital music service in 2013. The amendment is to change its policy of charging music service from the flat rate pricing to a usage-based system. This paper brought forward some disputable points such as fair division of profit, reasonable pricing for consumers etc. about the revision. Therefore, improvement of system and change in the perception of such copyrights are still required for both the encouragement of creator's activities and the high consumer satisfaction.