• Title/Summary/Keyword: 법률 개정

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A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.103-128
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    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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A Study on Record Management Systems of China and Japan (중국일본의 기록관리 제도에 관한 연구)

  • Kang, Dae-Shin;Park, Zi-Young
    • Journal of Korean Society of Archives and Records Management
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    • v.4 no.2
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    • pp.92-117
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    • 2004
  • Korea has the glorious documentary cultural heritage including Annals of the Joseon Dynasty, Memory of the World, from old times. But We had been felt into serious situation, it is very difficult to find some records of late years, through rapid changes of society in modern history. Fortunately, in 1999, "law of archives management in public sector" was enacted but It is some difficult to apply to field. Accordingly, We studied archives laws and record management systems, education systems in Japan and China, neighborhood countries and compared them with Korea's. Life cycle of Gathering, Managing, Using records & archives is reflected in China's archives law, "Dangan" and It is useful to referred to Korea. On the other hand, Japan and Korea's archives law focus on administering and capturing records and archives. In case of Management agency of archives, China has a linear managing system from state to regional agency and Japan and Korea have different system in State and Region. We recommend following items ; reform archives law, status of government archives, professional education and arrangement etc.

Characteristics and Policy Implications of Private Development Parks in Japan (일본 민설공원 제도의 특성과 시사점)

  • Kim, Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.44 no.1
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    • pp.119-128
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    • 2016
  • Urban park planning has become difficult due to the lack of municipal funds. Thereupon, a special scheme was imposed for city park planning. Since then, a legal amendment was made for economical improvement and more active participation. However, there are a lot of questions about whether it was a suitable direction for parks and where it should be emphasized for public interest. Base on these concerns, this study examined the basis and characteristics of location, creation, and maintenance of private development parks in Japan, which was the policy model of Korean private parks. Location and space planning of private development parks was made up considering an effective green network and disaster prevention function, and a minimum area was about 1.42ha. The minimum area, 1ha, was established on the basis of considering realistic possibilities, disaster protection, and universal validity. It was also amended to consider the standard of type two mid- to high-rise exclusive residential areas and consultation with regional governance. Finally, it was built on the lowest limit of ordinance of the relevant city; for example, 100% of the floor area ratio, 30% of the building coverage ratio, and the maximum height of 11 stories, etc. For maintenance, private and public sectors were working together. Maintenance fees for 35 years (based on $300yen/m^2$ per month) were paid en bloc by the licensee. However, the city was paid for facilities that accompanied excessive maintenance costs. Meanwhile, it seemed difficult to introduce attractive profit facilities because of the limitations in location, usage permission, and introduction equipment; furthermore, there were problems with management authority, and the burden of expenses was deducted. For creating private Korean parks, this study suggested that we should build priority of creating city parks and select appropriate locations first; also, we need to make criteria for location, creation, and standard management rules that are relevant to the whole nation of Korea.

Optimal Condition of TOC Removal Parameter for Sewage Effluent using Electrolysis Process (하수방류수 내 TOC 제거를 위한 전기분해공정의 최적 조건)

  • An, Sang-Woo;Jung, Hyuk-Sang;Lee, Hui-Kyung;Ko, Jun-Geol;Myoung, Dae-Won
    • Journal of the Korean GEO-environmental Society
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    • v.18 no.4
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    • pp.23-29
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    • 2017
  • As the Enforcement Ordinance of Environmental Policy Act was revised in 2013, Total Organic Carbon (TOC) was added as an indicative parameter for organic matter in Water and Aquatic Ecosystem Environmental Criteria. Under these imminent circumstances, a regulatory standard is needed to achieve the proposed TOC limitation control water quality from the STP (Sewage Treatment Plant). In this study, a electrolysis utilizing the electrochemical reaction was investigated in lab-scale experiments for the treatment of TOC in sewage effluent. TOC reduction by a electrolysis was investigated response surface methodology using the Box-Begnken methods were applied to the experimental results. A central composite design was used to investigate the effects of the independent variables of electrode space ($x_1$), current density ($x_2$) and electrolyte concentration ($x_3$) on the dependent variables removal efficiency of TOC (y). The optimal conditions for electrolysis were determined: electrode space, current density and electrolyte concentration were 50 mm, $10.3mA/cm^2$ and 0.1M, respectively. Statistical results showed the order of significance of the independent variables to be electrode space > current density > electrolyte concentration.

A Study on the Determining Factors For Assessment Criteria of Project Performance Capability of CM(Construction Management) Considering Safety (안전을 고려한 건설사업관리용역업자(CM) 사업수행능력 평가기준 요인 도출 연구)

  • Kim, Do-Su;Kim, Baek-Joong;Shin, Yoon-Seok
    • Journal of the Korea Institute of Building Construction
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    • v.19 no.6
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    • pp.557-566
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    • 2019
  • The construction industry has the most safety accidents of any of the domestic industries. Special care must be taken because disasters in the construction industry lead to social problems caused by huge property losses and casualties. As a result, there is a growing awareness of disasters occurring in the construction industry, and government departments are tightening their regulations on safety management. In particular, the OSHA (Occupational Safety and Health Agency) focuses on the expansion of protection targets and the clarification of responsibility in the full amendment OSHA. As a result, a study that focuses on the client's responsibility for safety management is needed. In this study, the project performance capability assessment of construction project management contractors, which is being carried out with uniform assessment criteria without considering the characteristics of the construction project, is considered and all the amendments to the OSHA are considered, and the factors were derived for improvement measures.

Quality Control of Radiation Dosimetry Service (개인피폭선량 측정기관의 품질관리기준 개발)

  • Lee, Jun-Haeng;Lee, Sang-Bock;Chang, Kun-Jo;Lee, Kwang-Yong;Lee, Hyun-Koo;Kim, Hyeog-Ju;Jin, Gye-Hwan
    • Progress in Medical Physics
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    • v.20 no.4
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    • pp.253-259
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    • 2009
  • We have developed standards based on international criterions for the quality control of dose tested by the measurement institutions of individual exposure doses through improving the reliability of data on the exposure dose of individuals working in radioactive environment and securing the accuracy and reliability of individual dose measurements. Laws related to radiation dose applied to domestic institutions refer to ANSI N13.11.1993, but currently, in U.S. and some other countries the measurement of radiation doses is based on ANSI N13.11.2001 that reduced test categories and tightened the standards. We made efforts to simplify the standards and to reduce the number of dosimeters required in experiment, and avoided preventing or hindering the use of future technologies not approved under the current law such as glass dosimeter and optical stimulation dosimeter. The Quality Management Manual of Radiation Dosimetry Service, Assessment Manual of Radiation Dosimetry Service Accreditation Program, and the Personnel Dosimetry Performance. Criteria for Testing are documents applicable in supervising laboratories.

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A Study on Effects of the Artificial Structures by the Blast Pressure Simulation (폭풍압 시뮬레이션에 의한 지형지물의 영향에 관한 연구)

  • Kang, Dae-Woo;Lee, Sin;Jung, Byung-Ho;Sim, Dong-Soo
    • Explosives and Blasting
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    • v.28 no.2
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    • pp.17-27
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    • 2010
  • With the development of modern society, there have been great technical advances, and the meaning, shape, and type of preservation objects have also become diverse. However, the legislation of executives established in 1961 has nt yet been revised realistically. Thatses administrative problems related to the usge and storage of explosives. In this study, the cases of civilian's question and thought that had been submitted to the government agency were surveyed. In order to analyze the effects of preservation object, ENPro3.1, which is a simulation program to analyze the sound pressure, was used to estimate the blast pressure when a magazine containing preservation objects exploded. With the damage due to the blast pressure, the problem with the safe distance depending on the preservation object levels was investigated. From the investigation, the blast pressures in the two cases with the artificial structures at the real distance 309 m and without the artificial structures at the legitimate standard space distance 440 m, were found to be 123 dB(L) and 138 dB(L), respectively. That means the influence of blast pressure in shorter distance with artificial structures is 15 dB(L) lower than longer distance without them. Therefore, it is recommended to apply the preservation distance based on the engineering analysis with a consideration of surrounding environment.

Response Methods against Acts of Terrorism That Utilize Unmanned Aircraft (무인항공기 테러의 대응방안)

  • OH, Jea-Hwan
    • Korean Security Journal
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    • no.30
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    • pp.61-83
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    • 2012
  • Al-Qaeda follower who planned to attacks the Pentagon and the Assembly by unmanned aircraft equipped with explosives was caught in the dictionary in September 2011. In addition, high-performance unmanned aerial vehicles in the United States 'sentinel' of the technology being leaked to Iran in late 2011 was an accident. Terrorist attacks on the forces used unmanned aircraft will be the day the not too distant. The purpose of this research is to provide response plans against acts of terrorism utilizing unmanned aircrafts to prevent large losses of lives such as the terrorist attacks of September 11. Discussing in detail, this research suggests revising and newly implementing the definition and categorization of unmanned aircrafts as well as relevant punishment in current aeronautics regulations as an initial response against acts of terrorism utilizing unmanned aircrafts. This is in order to newly implement and revise current relevant regulations that inadequately address the rapidly developing and changing unmanned aircrafts which will lead to increased sense of alarm for the potential terrorists, and also to introduce a systematic tool to punish those who commit such acts by clearly establishing the grounds for punishment. Also, under the binary operating system over airspace currently implemented globally, it is impossible to identify and control the infiltration of airspace by unmanned aircrafts. Recognizing such limitations, this research suggests a combined operation of airspace for unmanned and manned aircrafts as a second way of response for acts of terrorism utilizing unmanned aircrafts. A systematic integrated operation of airspace will appropriately control unmanned/ manned aircrafts that were not previously reported or otherwise have deviated from navigation routes, and will be able to prevent terrorism attempts utilizing aircrafts beforehand.

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Sediment Unit Loads from Developing Areas during Storms (개발사업장에서의 강우시 토사 유출원단위 산정)

  • Kim, Cheol Min;Lee, Eun Ju;Lee, So Young;Kim, Young Chol;Kim, Lee Hyung
    • Journal of Wetlands Research
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    • v.10 no.1
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    • pp.59-68
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    • 2008
  • Three phases of development in construction projects (i.e. pre-development, construction and post construction) diversely effect the environment, hydraulics and ecosystem. Currently, the domestic environmental policy is in control of the various environmental hazards produced after completion of development operations. Nevertheless, with the enforcement of water pollution total amount management system, improving the water quality; also the water and ecosystem preservation law recommends enforcing the sediment management for development operations in order to lessen the negative impacts to the environment. Recently, the country is experiencing difficulties in various development project locations due to insufficiency of interpreting the fundamental data for sediment loss and miscalculation of soil loss unit loads of sediment. This research utilizes data from 2000 to 2005 discussing a total of 1,036 environment impact assessment projects gathered from various ministries and offices namely Ministry of Environment (MOE), Ministry of Agriculture, the Office of Forestry, and Ministry of Construction and Transportation. Moreover, quantity of sediment from high land agriculture reports involving contaminant discharge characteristic investigation previously did concerning old land agriculture and So-Yang lake non-point pollution source management area as well as management measured data from MOE. The findings of this study reveal that the highest soil loss rate occurred from mountain district for pre-development and post construction and sports facility during construction.

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