• Title/Summary/Keyword: 법률 개정

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Problems and Solutions for the Term of Existence of the Housing Lease in the Digital age (디지털시대에 있어서 주택임대차 존속기간에 대한 문제점과 개선방안)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.4
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    • pp.139-146
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    • 2015
  • The Housing Lease Protection Act was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life and legal status. After then, there were many problems, but through several times revision, it had improved insufficient part. However, in order to give guarantees actually the position strengthen for homeless poor people many issues still need to be solved and it has been raised. Along the way, with the introduction of the tenant renewal claims, in February 14, 2015, the National Assembly planned to discuss current issues by operating the Special Committee for housing welfare of ordinary people in the extra session. In the current, however, the conflict of the pros and cons is shown clearly. Meanwhile, because the contract renewal claim of tenant was not guaranteed, if the minimum duration of the lease will be lapsed, contract renewal is dependent on the intention of landlord. Thus, the residential stability of homeless poor could become unstable. Therefore, in this paper, to stabilize the residential living for tenants who are in poor status, analyze our term of existence regulation and through the compared to the national legislation about the term of existence, it will try to propose the specific legislative approach to the problem.

Analysis of Marine Pollution Management Cause using System Dynamics (시스템 다이내믹스를 이용한 해양오염관리 유인(誘因) 분석)

  • Moon, Jung-Hwan;Ha, Min-Jae;Yun, Jong-Hwui
    • Journal of Navigation and Port Research
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    • v.39 no.1
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    • pp.23-28
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    • 2015
  • This paper is to identify the dynamic phenomenon of the marine pollution management that is connected directly or indirectly by using system dynamics analysis. The method used herein is based on system dynamics analysis that analyzed the sub-systems for marine pollution management. Furthermore designed feedback loop between system elements. And made total casual map of marine pollution management. The main results of the paper are the following : 1. It's necessary to equipments and technology development and law revision for feedback loop slump of initial measures delay in oil spill. 2. It should be come up with partnerships and new business for community corrosion non-proliferation caused by social conflicts. 3. Marine pollution management should be an obligation that must be minimized to include social conflicts in the community and national levels besides oil spill response on-site. This model confirmed the hidden cause of delay by existing response plans, manuals and programs. And oil spill response in broader sense is more important from now on. The result can be useful in the guidance of marine pollution and management.

A Study on the Qualifications of Designated Person on the Maritime Safety Act (해사안전법상 안전관리책임자 및 안전관리자의 자격요건에 관한 연구)

  • Jin, Ho-Hyun;Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.37 no.5
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    • pp.519-526
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    • 2013
  • In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.

Development of a reuse system for agricultural purpose with wastewater in Youljung, Jeju Island (제주 월정 농업용수재이용시스템 개발)

  • Lee, Kwang-Ya;Kim, Hae-Do;Joo, Jin-Hun
    • Proceedings of the Korea Water Resources Association Conference
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    • 2011.05a
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    • pp.470-470
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    • 2011
  • 환경부 하수재이용사업은 2007년도 하수도법 개정을 통해 공공하수처리시설 처리수의 재이용 의무화를 시작으로 2010년도 "물의 재이용 촉진 및 지원에 관한 법률"의 시행으로 전국적으로 사업이 확대되고 있다. 제주도 월정하수처리장은 2009년도 하수재이용사업지구로 선정이 되어 2010년도부터 농업용목적의 재이용으로 구체적인 설계와 시공이 추진되고 있는 사업지구이다. 제주도에서는 지하수보존을 위해 대체수자원 개발 방안을 시급히 마련중에 있다. 특히, 제주도 농업용수 종합계획수립(제주도, 2004)에는 하수처리수를 농업용수로 이용하기 위한 계획을 수립할 정도로 지하수 사용량을 줄이기 위한 노력을 진행중에 있으며, 그 일환으로 하수재이용사업을 지속적으로 추진하고 있다. 하수처리수의 농업용수 재이용은 사용된 물을 재이용함으로써 물과 에너지를 절약할 수 있고, 유역 또는 해양으로 배출되는 오염원을 억제하는 장점이 있는 반면에 농산물 생육에 직접 영향을 줄뿐만 아니라 주변의 수질 생태 토양 환경 및 영농인의 보건에도 영향을 주기 때문에 장기적인 관찰과 검증작업이 필요하다. 이 에 서울대와 한국농어촌공사는 안전한 농업용수 재이용기술을 개발하기 위해 장기간 현장시험을 통해 재이용 재배기술과 함께 보건환경에 미치는 영향을 검증하였고 그 개발기술을 월정사업지구에 적용하게 되었다. 월정하수처리장이 위치한 제주 동부의 월정지역은 농지면적이 밭(374ha)과 과수(12ha)등 제주도의 전형적인 농촌마을으로 주요 재배작물은 마늘과 당근, 쪽파, 콩 등으로서 농업기반시설의 미비로 영농에 어려움을 호소하고 있으며, 2006년도에 발생한 가뭄으로 그 해 평균 수학량의 30%가 감소된 바 있는 지역이다. 제주도 농업용수 종합계획수립(2004, 제주도)에서는 10년에 한발을 기준 으로 $43,000m^3$/일의 용수가 부족할 것으로 분석하였으며 최근 $35,000m^3$/day 규모의 상수도 확보사업 계획 수립하였으나 여전히 농업용수가 부족하다. 방류수의 수질은 방류수수질기준을 만족하지만 염분함량이 높아 직접 농업용으로 사용하기에는 적당하기 않고, 농업용재이용방류수 수질기준에 맞도록 재이용시스템을 통해 재처리하여 농업용수로 사용해야 한다. 제주도에서는 이미 제주 서부하수처리장 농업용수 재이용사업(이하 판포재이용사업)'이 완료되어 재이용수를 농업용수로 공급하고 있으며 향후 지속적으로 하수재이용사업이 확대될 것으로 판단된다.

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A Study about the efficient Control against the sexual violence in medical area (의사의 성범죄에 대한 최근 의료법 개정법률안 검토)

  • Jeong, Baekeun
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.207-229
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    • 2019
  • It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

A Study on Developing Policy Indicators of Personal Information Protection for Expanding Secure Internet of Things Service (안전한 사물인터넷 서비스 확산을 위한 개인정보보호정책평가지표 개발에 관한 연구)

  • Shin, Young-Jin
    • Informatization Policy
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    • v.25 no.3
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    • pp.29-51
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    • 2018
  • As the core technology of the Fourth Industrial Revolution, the Internet of Things has been developed and has enabled various services, and personal information has been handled freely in the process. However, the infringement threat of personal information is increasing as more convenient services are provided and more information devices including smart devices are connected to the network. Therefore, this study is to analyze prioritizing personal information protection policy indicators in order to provide IoT services by constructing secure environment for implementing the Internet of things as the core technology of the 4th Industrial Revolution. This study reviewed personal information protection policy indicators based on the literature survey, and identified 3 fields, 9 areas, and 25 indicators through Delphi analysis for experts. The weights were calculated based on the AHP survey for 66 experts and the results were used to present the relative importance and priority of the policy indexes. The results of this study found the policy field was the most important, followed by the technical field, and the administrative field. Of the three areas of the policy field, strengthening the personal information protection laws related to IoT is the most important, while among the indicators, promoting and revising the personal information protection law related to IoT is the most important. Comparisons of the fields, areas, and indicators of IoT-related personal information protection policies found consistent values. The personal information protection policy indicators derived this way will contribute to the nation's competitiveness by expanding secure IoT policies in the future.

Experimental Study on the Effects of Combustion Products on the Human Body and Suggestion of Law Revision (흡음재의 연소 생성물이 인체에 미치는 영향에 대한 실험적 연구 및 법률 개정 제언)

  • Kang, Jung Ki;Choi, Don Mook
    • Fire Science and Engineering
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    • v.33 no.4
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    • pp.28-34
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    • 2019
  • Regardless of the ignition source, the main factors affecting the spread of flames to the human body are combustibles. The sound absorption material, which is the finishing material used in music institutes and karaoke rooms, consists of polyurethane that generates a large amount of toxic gas with a high amount of combustion gases during a fire. Still, the current law does not require the use of impregnated finishing materials for tutoring services with less than 100 users. In this study, the rate of flame diffusion was measured using the MultiRaelite composite gas measuring instrument (target substance VOC, HCHO, SO2, CO2, CO, HCN, and NO2) for the collection of sound-absorbing materials installed in the actual music academy. The results showed that the toxic gas found in this experiment exceeded the allowable concentration of TWA (Time Weighted Average) and STEL (Short Term Exposure Limit). In addition, a comparative combustion test of the general sound absorber and non-combustion sound absorbing materials on the market showed wide differences in ignition and diffusion. Therefore, based on the results of the experiment, private institutes with less than 100 users should be mandated to use non-combustion sound absorbing materials.

Related Legal System for the Introduction of Healthcare Improvement Focus on the Aged (고령자 중심의 헬스케어 도입을 위한 관련 법제도 개선방안)

  • Choi, Bong-Moon;Cho, Byung-Ho;Park, Hwan-Yong
    • The Journal of the Korea Contents Association
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    • v.13 no.7
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    • pp.203-213
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    • 2013
  • In the current legal system, establishing aging friendly smart home based on healthcare for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic and foreign legal systems. The related legal system is divided into three sections - 'healthcare,' 'aging friendly,' and 'smart home' - providing that telemedicine would be implemented. According to the analysis of the legal system for healthcare, telemedicine is executed by the medical law. Thus, we need to investigate the concept and all the matters of telemedicine on the basis of foreign cases. As the result of the analysis of the legal system for 'Aging Friendly,' the definition of the elderly is ambiguous and we find the improvement of health and medical system. In addition to these, the definite bounds of the healthcare equipment have to be set. From these results, we are aware of the necessity of the improvements of the legal system, and suggest plans for these problems. That is to organize the legal system and make a new law through revising the current specific identification. This study focuses on suggesting the improvements of the legal system with the comparative analysis of the domestic and foreign legal systems.

A Study on Measurement and Application of the Public Library Service Population (공공도서관의 봉사대상인구 산출 및 적용에 관한 연구)

  • Song, Kyeong-Jin
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.31 no.1
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    • pp.193-212
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    • 2020
  • In Korea, the term 'public library service population' is applied in various situations without academic discourse. This study analyzed concepts and applications of the term with literary reviews and case studies in United States, Australia, Japan, and Korea. And also this study redefined concepts and suggested new measurements of 'design population' and 'service population.' The former is the population who lives in area where public library can serve, and only demographic characteristics can be identified. It can be calculated based on the population of administrative district. In case of urban areas with a population of more than 100,000, it can be calculated the population within a radius of 2km from library. In areas with a population of less than 100,000 it can be calculated based on the population of Eup, Myeon, and Dong. In both cases the estimated population up to the library's opening year is added. Service population is used for the planning, evaluating, and promoting library services, and it can be defined as the actual users or estimated population determined by the input resources of the public libraries. It can be calculated by the number of enrolled members, or service participants, or target populations according to the size of input resources. The advantages of the proposal in this study are enabling efficient facility placement or resource inputs in public libraries and enhancing reliability of measuring output versus input. In addition, this study proposed to delete for paragraph 1 of Article 3 of the Library Act to avoid confusion.

A Study on the Aviation Case Law -Focusing on the Application of Treaties for the International Carriage by Air- (항공판례의 연구 -국제항공운송조약의 적용문제를 중심으로-)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.29-63
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    • 2006
  • This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

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