• Journal of Digital Convergence
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• v.18 no.8
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• pp.85-95
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• 2020

It is a newly defined concept of digital sex crimes as the sex crime pattern in Korea is integrated with digital technology. After examining the current status and response of digital sex crimes in Korea, legal and institutional gaps are identified.It is also aimed at drawing up appropriate responses to domestic situations compared to cases in major foreign countries. This study adopted the mode of literature research.It used related data from government agencies, various statistics and survey data, seminar data organized by the National Assembly office, women's organizations, and research reports. The ultimate goal is to derive the problem situation by analyzing the current system.The results of this study are to discuss digital sex crimes that are being expanded and reproduced by the development of digital media. It also points out that the legal vacuum caused by the law's failure to keep up with the law needs to be continued.Our conclusion is that we should actively accept best practices from abroad. In addition, it is necessary to create a community value in which all members of society become "monitors" in the recognition that they may be perpetrators or victims.

• School Mathematics
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• v.5 no.4
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• pp.521-540
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• 2003

The processes of mathematics development and the results of it are always those of making a conquest of the circumscription by historical inevitability within the historical circumscription. It is in this article that I try to show this processes through the history of calculus. This article develops on the basis of the dialectical materialism. It views the change and development as the facts that take place not by individual subjective judgments but by social-historical material conditions as the first conditions. The dialectical materialism is appropriate for explaining calculus treated in full-scale during the 17th century, passing over ahistorical vacuum after Archimedes about B.C. 4th century. It is also appropriate for explaining such facts as frequent simultaneous discoveries observed in the process of the development of calculus. 1 try to show that mathematics is social-historical products, neither the development of the logically formal symbols nor the invention by subjectivity. By this, I hope to furnish philosophical bases on the discussion that mathematics teaching-learning must start from the real world.

• Korean Journal of Social Welfare Studies
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• no.37
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• pp.369-397
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• 2008

The purpose of this study is to understand the context of mental hospital admission and discharge related with the stakeholder and to find out issues about public management on mental health disabilities. To this process, the more effecive alternative policies for mental health will be offered. As a research tool, the qualitative study was used, and the 6 case were analyzed. Through this study, we find 5 theme such as admission type occurred outside public management, uneffective public management in mental hospital treatment, long-term treatment mechanism occured in mental hospital, helplessness and role distortion of public follow-up system. According to the mental health law, mental hospital admission and discharge on mental health disabilities is to managed public system. But public management with mental health disabilities did not work on. In this results, we are find infringement on mental health disabilities. According to these findings, several suggestions are offered for better policies about admission and discharge procedures managed by public system.

• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.145-159
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• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.209-244
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• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

• Korean Security Journal
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• no.41
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• pp.293-326
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• 2014

Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

• Korean Security Journal
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• no.62
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• pp.255-276
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• 2020

The mandatory police system, which plays a pivotal role in securing security and securing social safety as a security assistant, is expected to face difficulties in supplying the mandatory police manpower and securing absolute police manpower in the future according to the Ministry of Defense's abolition of the conversion service system. In this situation, this study intends to provide a concrete plan to replace the mandatory police officers as security assistants, recruiting contractors from civilians who are not military service resources or regular police officers, and using them for security assistance. More ultimately, this study goes beyond securing obligatory police to reduce or abolish mandatory police, which has been dealt with in previous studies. It aims to present the rescue and operation directions so that the police can provide quality public security services. In order to achieve the purpose of this study, this study 1) analyzes the current situation of police personnel, derives the necessity and justification of securing the police personnel or increasing the number of police personnel due to changes in security demand and security environment, and 2) After discussing the necessity and direction of reorganization, 3) deriving policy implications through analysis of foreign cases operating similar systems to derive specific plans for the introduction of security contractors for private contract workers in Korea. This study reviewed the specific operation plan and legal and institutional maintenance plan of private contract workers. In order to achieve these research objectives, this study 1) analyzes the current status of the police manpower and derives the necessity and justification of securing an absolute police manpower or increasing the manpower of the police in response to changes in security demand and security environment, and the current security aid system. 2) After discussing the necessity and orientation of reorganization of exinsting system of assistant police officer, 3) derive policy implications through analysis of foreign cases utilizing security aids similar to Korea, and 4) The specific operation plan and legal and institutional maintenance plan were presented. including security aids for private contract workers in Korea, from recruitment procedures to activities.

• Proceedings of the Korea Water Resources Association Conference
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• 2023.05a
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• pp.305-305
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• 2023

수문조사기기 검정은 강수량, 수위, 유량 등과 같은 수문자료를 관측하는 수문조사기기가 대상지역의 수문상황을 정확하게 관측하는지를 검사하는 일련의 과정으로 「수자원의 조사 계획 및 관리에 관한 법률」 제12조에 법적 기반을 두고 있다. 검정 대상은 강수량, 수위, 유속, 유사량, 토양수분량, 증발산량, 증발량 측정기기 총 7종이며, 환경부장관으로부터 한강홍수통제소가 검정업무를 위임받고, 한국건설기술연구원과 한국수자원조사기술원이 위탁받아 운영중에 있다. 최근에는 증발산량, 토양수분량 및 유량 측정기기기 등이 첨단화되어 기존 검정 방식에 대한보완 및 신설에 대한 요구가 증가하고 있다. 특히, 유량 측정시 기존에 사용하였던 회전식 유속계는 ADCP(Acoustic Doppler Current Profiler) 유량측정기기로 대체되어 활용률이 2013년 24%에서2021년 67%로 약 2.8배 급격히 증가하였다. 하지만 수문조사기기 검정 관련 고시 내 ADCP에 대한검사방법 및 허용오차 등의 규정이 부재하여 수문조사기기의 검정 공백이 발생하는 등의 문제가 존재하고 있다. 이에 본 연구에서는 ADCP 운영 및 기술 현황, 현행 법령, 국외 사례 등을 검토하여 ADCP 유량측정기기의 검사방법 및 허용오차에 대한 방안을 제시하고자 한다. ADCP 검사방법은 총 5단계로 외관검사, 자가진단 검사, 온도센서 검사, 수심측정 검사, 유량비교측정 검사에 따라 검정을 실시한다. 첫 번째 외관검사시에는 기기 외관과 센서 등 물리적 손상을 점검하고, 두 번째 자가진단 검사에서는 센서 변환 매트릭스 값, 수신부 센서 테스트, RAM/ROM 테스트, 통신 테스트 등에 관한 정상값 산출 여부를 확인한다. 세 번째 온도센서 검사에서는 검증용 온도센서를 이용한 값과 ADCP에 부착된 온도센서 값과 차이를 확인하고 ±2℃초과시 재검사 또는 적절한 조치를 취한 후 다음 단계의 검사를 진행한다. 네 번째 수심측정 검사에서는 수조 내 수심 측정을 확인하여 실제 수심과의 오차를 확인하고 ±1% 초과시 재검사 또는 적절한 조치 후 다음 검사를 실시한다. 유량비교 측정검사에서는 각 기기 간의 평균유량의 상대오차를 평가하는 것으로 ±5%미만에는 합격, ±5이상 ±10%미만에서는 재검사, ±10%이상에서는 공장수리를 권고하도록 하고, 1~5 단계의 검사를 통과한 기기를 대상으로 인증서를 발급하도록 한다. 유량비교 측정검사시에는 매년 ADCP를 사용하는 일반기업 및 공공기관 등이 모여 ADCP의 성능을 상호간 비교하는 'ADCP 기술협력 워크숍'을 확장하여 실시할 수 있다. 각 검사 단계의 허용오차는 USGS 또는 제조사 기준과 2022년 ADCP 기술협력 워크숍 성능검사 분석 결과를 토대로 하였다. 본 ADCP 검정 방안은 향후 ADCP 모델별로 단계별 시범 검토를 통해 세부사항에 대한 제시가 필요하며, 온도센서 검사, 수심측정 검사, 유량 비교측정검사에 대한 허용오차에 대한 타당성에대한 검증 및 검토가 이루어져야 할 것으로 사료된다.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.113-136
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• 2020

Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.93-103
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• 2015

In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.