• Title/Summary/Keyword: 법률 규제

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Waste Assimilative Capacity and Total Emission Control of Daechong Reservoir in Korea (대청호의 환경용량과 총량규제)

  • Lee, Jong-Ho
    • Journal of Environmental Impact Assessment
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    • v.11 no.1
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    • pp.1-12
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    • 2002
  • 중부지방 3백만 주민의 상수원으로 이용되는 대청호는 부영양화가 심화되어 적절한 수질관리가 없으면 상수원수의 최저등급인 3급수를 만족할 수 없는 상태에 이르고 있다. 그래서 2002년 1월에 금강수계 물관리 및 주민지원 등에 관한 법률이 제정되었는 바, 오염총량제와 수변구역의 지정을 통한 수질보전 등을 주요한 내용으로 포함하고 있다. 오염총량제를 실천하기 위해서는 대청호의 환경용량을 추정하는 것이 필수 불가결하다. 환경용량의 추정은 장래 대청호 수질영향권역에서 개발사업이 이뤄질 때 환경영향평가 특히 누적영향평가를 위해 필요하다. 대청호의 환경용량을 추정하기 위해 오염부하량과 유량의 변화가 대청호의 총질소와 총인농도에 미치는 영향을 WASF5모형으로 분석하였다. 총질소 부하량이 50%증가한다고 가정했을때 갈수기. 명수기, 홍수기에 각각 0.14-0.29 mg/l, 0.12-0.16 mg/l and 0.03-0.05 mg/l 정도의 농도 변화가 예측되었다. 총질소 부하량이 지금의 반이하로 감소하더라도 총질소농도 5급수기준 (1.0-1.5 mg/l)을 달성할 수가 없다. 대청호의 환경용량을 상수원수 3급수기준으로 산정한다면, 그것은 현재의 총질소 부하량의 반보다 훨씬 적다고 추정할 수 있으며 따라서 총질소 부하량은 지금의 반이하로 줄어들어야 할 것이다. 총인 부하량이 50%증가한다고 가정했을 때 갈수기, 평수기, 홍수기에 각각 0.005-0.011 mg/l, 0.004-0.006 mg/l and 0.001-0.002 mg/l 정도의 농도 변화가 예측되었다. 총인 부하량이 지금의 반이하로 감소하더라도 총인 농도 4급수기준 (0.05-0.1 mg/l)을 간신히 달성할 수 있다. 따라서 대청호의 환경용량은 지금의 총인 부하량의 반정도로 추정할 수 있으며 총인 부하량은 지금의 반이하로 줄어들어야 할 것이다. 오염부하량을 줄이기 위한 방안을 정오염원과 비정오염원으로 나눠 제시하였고 오염총량제 실현방안을 제시하였다.

Improvement on Development Permit System after the Abolition of the Regulation against Continuous and Adjacent Development (연접개발제한 폐지 이후 개발행위허가 심의제도 개선방안)

  • Kim, Young-Woo;Yoon, Jeong-Joong
    • Land and Housing Review
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    • v.3 no.2
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    • pp.159-167
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    • 2012
  • The regulation of continuous and adjacent development was introduced to prevent unplanned and improper development and to protect environment in green zone and non-urban area that was deficient in infrastructure. Though it has been effective, it was repealed in 2011 by disorderly development problem caused by crafty tricks around restrictions. Alternatively, the Urban Planning Commission is now deliberating on the development permit, but there are still much to be resolved such as improper committee formation and abuse of power, insufficient green corridor preservation, a lack of use of planning information system, discordance between landscape management guidelines in laws, etc. Therefore, we suggest several ideas for improvement of development permit system as follows; intensive deliberation system in the Urban Planning Commission, integrated commission for green corridor prevention, early establishment of urban planning information system, making a development permission guideline to minimize discretional act of the Urban Planning Commission, etc.

Evaluation of Key Elements and Priorities of Initial Coin Offering(ICO) for Integrating Blockchain Technology and Digital Content (디지털 콘텐츠 산업과 블록체인 기술의 융합 활성화를 위한 ICO(Initial Coin Offering) 핵심요인 중요도 평가)

  • Ryu, Gui Jin;Baek, Bo Hyun;Kwon, Hyeog In
    • The Journal of the Korea Contents Association
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    • v.19 no.8
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    • pp.194-204
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    • 2019
  • This study aims to review previous research on the key elements of an Initial Coin Offering (ICO) and establish their priorities in order to help relevant stakeholders build and invigorate an ecosystem that integrates blockchain technology with the digital content industry. To achieve this goal, we first structured the key elements identified from previous studies into a hierarchy model. We then assigned weighted values to each element using the Analytic Hierarchy Process (AHP) methodology. Among the main elements, the priorities were identified as follows, from most important to least: Business (0.422) > Technology (0.172) > Contents (0.144) > Human Resources (0.104) > Institutions (0.099) > Token (0.059). With regard to the sub-elements, the weighted values were found to be as follows, in descending order: Probability (0.162) > Laws and Regulations (0.071) > Estimated Growth (0.063). The implications of the results are also described within the present study. The findings of this study will be of great value to ICO founders as well as investors and provide a much-needed academic basis for the burgeoning blockchain-integrated ecosystems and businesses.

Comparison of Animal Welfare Standards for Broiler (육계 관련 동물복지 인증기준 비교)

  • Yoo, Geum Zoo;Cheon, Si Nae;Kim, Chan Ho;Jung, Ji Yeon;Kim, Dong-Hoon;Jeon, Jung Hwan
    • Korean Journal of Organic Agriculture
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    • v.28 no.4
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    • pp.643-658
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    • 2020
  • Animal welfare has become a prominent concern around the world so that the laws and guidelines of animal welfare are being strengthened in many countries including the EU. In Korea, it is required to supplement animal welfare standards because social awareness of animal welfare has changed. This study was conducted to compare broiler welfare certification standards and improve the quality of practice. We found that broiler welfare certification standards differ among countries according to environmental and managemental differences. Standards for stocking density and perch which is considered more important for poultry welfare are similar, but there is a little difference in feed, water, litter and lighting. Therefore, we assumed that theses are able to revise standards taking into account the environment and suggested that the broiler welfare certification standard will serve as a more useful criterion if breeding conditions in Korea are considered.

A Study of the Development Safety Criteria for Hybrid Electrical Propulsion Fishing Boats (전기복합 추진어선의 안전기준 개발에 관한 연구)

  • Cheol eon Kang;Chul ho Baek;Sung hun Kim;Chan jae Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.207-214
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    • 2023
  • Ships emit significant amounts of air pollution. To reduce ship emissions, the government has implemented the Eco-Friendly Ship Act to improve the marine air environment, under which the use of eco-friendly ships that use eco-friendly energy as a power source encouraged and technologies to reduce marine pollution are developed. Therefore, the revision of relevant laws and systems such as inspection and facility standards for the safe operation of eco-friendly ships is urgently needed, especially those for fishing vessels, which account for the majority of domestic coastal vessels. This study defines the core equipment for the application of electric complex propulsion systems to fishing boats and presents a minimum safety standard plan for the adoption and dissemination of eco-friendly fishing boats.

Taxonomy and Countermeasures for Generative Artificial Intelligence Crime Threats (생성형 인공지능 관련 범죄 위협 분류 및 대응 방안)

  • Woobeen Park;Minsoo Kim;Yunji Park;Hyejin Ryu;Doowon Jeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.34 no.2
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    • pp.301-321
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    • 2024
  • Generative artificial intelligence is currently developing rapidly and expanding industrially. The development of generative AI is expected to improve productivity in most industries. However, there is a probability for exploitation of generative AI, and cases that actually lead to crime are emerging. Compared to the fast-growing AI, there is no legislation to regulate the generative AI. In the case of Korea, the crimes and risks related to generative AI has not been clearly classified for legislation. In addition, research on the responsibility for illegal data learned by generative AI or the illegality of the generated data is insufficient in existing research. Therefore, this study attempted to classify crimes related to generative AI for domestic legislation into generative AI for target crimes, generative AI for tool crimes, and other crimes based on ECRM. Furthermore, it suggests technical countermeasures against crime and risk and measures to improve the legal system. This study is significant in that it provides realistic methods by presenting technical countermeasures based on the development stage of AI.

A Study on The Enhancement of Aviation Safety in Airport Planning & Construction from a Legal Perspective (공항개발계획과 사업에서의 항공안전성 제고에 대한 법률적 소고)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.67-106
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    • 2012
  • Today air traffic at the airport is complicated including a significant increase in the volume of air transport, so aviation accidents are constantly occurring. Therefore, we should newly recognize importance of the Air Traffic Safety, the core values of the Air Traffic. The location of airport that is the basic infrastructure of the air traffic and the security of safety for facilities and equipments are more important than what you can. From this dimension, I analyze the step-by-step safety factors that are taken into account in the airport development projects from the construction or improvement of the airport within the current laws and institutions and give my opinion on the enhancement of safety in the design and construction of airport. The safety of air traffic, as well as airport, depends on location, development, design, construction, inspection and management of the airport including airport facilities because we have to carry out the national responsibility that prevents the risk of large social overhead capital for many and unspecified persons in modern society through legislation regarding intervention of specialists and locational criteria for aviation safety from the planning stage of airport development. In addition, well-defined installation standards of airports and air navigation facilities, the key points of the airport development phase, can ensure the safety of the airport and airport facilities. Of course, the installation standards of airport and air navigation facilities are based on the global standard due to the nature of air traffic. However, to prevent the chaos for the safety standards in design, construction, inspection of them and to ensure the aviation safety, the safety standards must be further subdivided in the course of domestic legislation. The criteria for installation of the Air Navigation facilities is regulated most specifically. However, to ensure the safety of the operation for Air Navigation Facilities, performance system proved suitable for the Safety of Air Navigation Facilities must change over from arbitrary restrictions to mandatory restrictions and be applied for foreign producers as well as domestic producers. Of course, negligence of pilots and defective aircraft maintenance lead to a large portion of the aviation accidents. However, I think that air traffic accidents can be reduced if the airport or airport facility is perfect enough to ensure the safety. Therefore, legal and institutional supplement to prioritize the aviation safety from the stage of airport development may be necessary.

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The Improvement Plan on Unifying from Law and Regulations Related to Radiation (방사선관계법 개정 시 용어 적용에 관한 개선 방안)

  • Jeong, Dong-Kyong;Lee, Jong-Back;Park, Myeong-Hwan
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.7-12
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    • 2006
  • Purpose: This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Materials and Methods: Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Results: Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Conclusion: Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

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A Leg Analysis on the Discharge of Cargo Residue at Sea (화물잔류물의 해양 투입처분(배출) 사안에 대한 법률적 분석)

  • Hong, Gi-Hoon;Park, Chan-Ho
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.4
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    • pp.193-202
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    • 2006
  • The Consultative Meeting of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter, 1972 (London Convention 1972) has requested to International Maritime Organization (IMO) Marine Environmental Protection Committee to collaborate and help clarify a boundary issue between International Convention for the Prevention of Pollution from Shops, 1973 as modified by the Protocol of 1978 (MARPOL) and the London Convention concerning 'dumping' versus 'discharges' during normal operations of ships in 2004, and subsequently established a Joint London Convention/MEPC Correspondence Group. The Contracting Parties to London Convention expressed their environmental concerns on the broad interpretation of the "cargo-associated wastes" by the States, which could be discharged by ships under MARPOL. Regulatory regimes for the cargo residues appear to vary among states. Some countries require fur ships to discharge their cargo wastes into the port reception facility and IMO also recommends doing so. This paper examines the related current national and international legal texts for the regulation of disposal of wastes from ships in order to analyze the current global concern on the marine pollution associated with waste discharge during operations of ships. In particular, we attempt to evaluate the likely marine environmental consequences arising from the disposal of cargo residue using an hypothetical case for the coal cargo residue among bulk cargos in this paper, since location, magnitude and frequency of the discharge of coal cargo residues into the sea adjacent to Korean Peninsula are not readily available. The cargo residues may be discharged to the sea according to MARPOL 73/78; however, its marine environmental consequences can be significant depending upon the characteristics and amounts of wastes to be discharged. Also the public tolerance of the environmental consequences would be widely different among nations. Multilateral environmental agreements, in general, more strictly apply their rules if there are other options to disposal at sea, i.e. port reception facility in this case. Therefore, port reception facilities for the wastes generated by ships are recommended to be further constructed in major national ports in order to reduce the risk of environmental damages during the operations of ships.

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Antitrust Regulation on the Restriction of Business Activities by Healthcare Providers' Organization (의료공급자 단체에 대한 공정거래법상 사업활동제한 적용 -달빛어린이 병원 사건을 중심으로-)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.75-98
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    • 2018
  • Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.