• Title/Summary/Keyword: 법적근거

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A Study on Piracy Matters and Introduction of the Privately Contracted Armed Security Personnel on Board Ships (해적사건 대응을 위한 무장경비원제도 도입방안에 관한 연구)

  • Roh, Ho-Rae
    • 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.

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Development of Needs Assessment Instrument for the Patients with Cancer (암환자의 요구 조사 도구 개발)

  • Kim, Gi-Yon;Choi, Sang-Soon;Pak, So-Mi;Song, Hee-Young;Hur, Hea-Kung
    • Journal of Hospice and Palliative Care
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    • v.5 no.2
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    • pp.136-145
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    • 2002
  • Purpose : This study was designed to develop an instrument that could be used for comprehensive and effective need assessment for patients with cancer. Methods : In the first phase, a conceptual framework for the instrument was established by Wingate & Lackey (1989). In the second phase, the preliminary instrument was drawn up through a review of the literature and in consultation with three professors in Nursing. In the third phase validity and reliability of the preliminary instrument were tested as follows; 1) an expert validity test of the preliminary instrument was done by nine head nurses and charge nurses who had over ten years experience caring for patients with cancer at Wonju Christian Hospital. 2) A construct validity test and reliability test was done for the instrument by 116 staff nurses selected by convience sampling from hospitals located in Kang-Won, Kyoung-Ki, and Choong-Chung Provinces. The collected data were analyzed using SPSS 10.0 WIN program. For the factors of the instrument, factor analysis was used. The reliability of the scale was analyzed by Cronbach's alpha. Results : The results of the experts' test of validity, showed that, of 32 items, only one item had less than 55.4%. It was then deleted and a total of 31 items was selected. On the basis of the results of the factor analysis, the following six components were identified: physiological, informational, spiritual, and emotional needs, available resources, and legal/financial needs. These factors explained 61.8% of the variance. In the factor analysis, the first factor (physiological needs) and the second factor (informational needs) explained 25.4% and 10.9% of the variance respectively, which were major factors for the needs of patients with cancer in Korea. Cronbach' alpha for the scale was .90 indicating internal reliability. Conclusion : This instrument can be effectively utilized for assessment of needs of patients with cancer in Korea. Use of the needs assessment instrument developed in this study will allow nurses to develop nursing interventions that provide comprehensiveness and continuity in meeting the needs of patients with cancer.

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기호학적 분석을 통한 영상애니메이션 연구

  • Lee Jong-Han
    • Broadcasting and Media Magazine
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    • v.10 no.1
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    • pp.85-98
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    • 2005
  • About the phenomenon of being imaged of everything, the scholars of the humanities who had studied on the simple reason structure in a text have been in a big agony how accept it. Especially, semiologists have studied about this for a long time and the points at issues of Saussure, Peirce as well as Umbeto Eco are more outstanding. Being based upon his philosophic interesting from medieval esthetics to modern semiotics, Eco was very concerned about the field of general esthetics and poputar arts like television and cartoons. He connected the mutual open-relations between 'signifier' and 'signified' debated in Semiotics with the open and vague modern arts and regarding it as a deviation from the custom, intensively studied the film-media. Saussure is a representative figure of semiotics and explained Sign and the character of semiotics as the division into two parts such as signifier/ signified, form/ substance, langue/ parole, synchrony/ diachrony. The triadic semiotics (the theory that Sign is composed of the triadic structure like sign, referent and interpretant) of Peirce put the new item- 'interpretant' in sign and referent to connect them and open the possibility to introduce time in to the Sign. In this paper, I try to analyze a cartoon film in the semiotic structure with the systemic, reasonable and logical approach and analysis as as possible. While the images shown through a film were depended on the romantic and impressional judge in the past, due to semiotics, it' s quite possible to correlate the procedure of symbolization to social coherence so that we analyze the incredible power of images to suck audiences with the systemetic Sign. I accept all ot film-images including a cartoon film as not the simple esthetic arts but a social custom and system, want to serve as a aid to properly understand world and humanbeings and prevent the film-image from being mystic. A cartoon and a cartoon film which were begun with the link of a text and an illustration give shape to all of images such as materials, places and even thoughts with a cartoon icon existed in only a cartoon. A cartoon and a cartoon film simply and exquistely conceptualize the complex and vague attribute of an organic creature and extend them infinetly beyond language. However, it can be exploited as a mysticism to temptate the general public and a faking material. In addition to that, it can distort our world-knowledge engaging a political power and the massive power of mass media. In this paper, being based on semiotics to approach a cartoon film in a scientific and organic system, I conclude that a non-linguistic cartoon expression is entangled with the manifold signs and implies the supplementary meanings just like a regular linguistic expression. It remarks that the iconic images of a cartoon film are composed of the social codes and can be analyzed on grounds of a linguistic system.

The Examination and Development Plan of Maritime Policing Act ("해양경비법" 검토와 발전방안)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.32
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    • pp.95-122
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    • 2012
  • The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.

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Influence of Power and Status on Social Exclusion (제3자의 권력과 지위에 따른 사회적 배제행위에 대한 판단)

  • Jo, JunHyoung;Li, Hyung-Chul O.;Kim, ShinWoo
    • Science of Emotion and Sensibility
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    • v.25 no.2
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    • pp.31-44
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    • 2022
  • Power and status are core elements that distinguish social classes and strongly influence social interaction. Although they are the foundation of social influence, they have different origins (Fragale et al., 2011). While power usually is based on personal ability or legal, institutional legitimacy, status is rooted in voluntary support from other people. Hence, whereas people with power often demonstrate egoistic behavior, those with high status show relationship-based altruism (Hasty & Maner, 2020). People recognize the difference between the two and have stereotypical beliefs or expectations about the people's behavior with high power or status (Magee, 2009). The current research tested how the judgment on social exclusion, the unique social influence of power and status, changes depending on the actor's power and status. We constructed social exclusion scenarios in which we manipulated actors' power and status and asked participants to rate an actor's pain and behavioral fairness. Participants' ratings showed that the actor's fairness and pain would differ depending on the actor's power and status (Expt. 1), which is consistent with the stereotypes above. In particular, the significant effects of the actor's anonymity in the cases of low power and high status (Expts. 2A, 2B) provide further evidence for the proposal that status but not power originates from voluntary support from others.

A Study on the Altitude Restrictions of Obstructions outside Airport Obstacle Limitation Surfaces of Korea (한국의 비행장 장애물 제한구역 밖의 장애물이 항공안전에 미치는 영향에 관한 연구)

  • Yang, Han-Mo;Kim, Byung-Jong;Kim, Do-Hyun
    • Journal of Korean Society of Transportation
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    • v.23 no.6 s.84
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    • pp.41-53
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    • 2005
  • The effective utilization of an airport is considerably influenced by natural features and man-made structures inside and outside its boundary. These obstacles affect the airspace available for approaches and departures and the weather minima which dictates the necessary weather conditions for aircraft to be allowed to take-off or land. Certain areas of the airspace near airports must be regarded as the integral parts of the airport system. The availability of the required airspace is as important as are the runway and their associated strips to the safe and efficient use of the airport. For these reasons, ICAO and the member states have established the standards regarding the obstacle limitation surfaces and regulated the construction of the man-made structures in and beyond the surfaces. Existing objects that extend above a obstacle limitation surfaces should as for as practicable be removed except when, in the opinion of the appropriate authority, an objects is shielded an existing immovable objects, or after aeronautical study it is determined that the object would not adversely affect the safety or significantly affect the regularity of operations of airplanes. However, Korea's aviation law does not specified the outer horizontal surface in the obstacle limitation surfaces, while ICAO and most member states do. The absence of the outer horizontal surface regulation has created legal disputes between regulating agencies and private parties. The case study in this paper found that a skyscraper planned beyond Korea's obstacle limitation surfaces does affect the flight safety and the efficient use of an airport. Therefore, in areas beyond the obstacle limitation surfaces. those objects which extend to a height of 150m or more above ground elevation should be regarded as obstacle, unless a special aeronautical study indicates that they do not constitute a hazard to airplanes. We proposed low alternative regulatory schemes for resolving the issues raised in this paper, and we recommended to adopt ICAO's standards and recommended practices.

A Study on the Actual Condition of Electrical Construction Supervision and Countermeasure of It (전력시설물공사 감리제도의 현황과 실태분석 및 개선방안에 관한 연구)

  • Seo, Hwang-Hyeon
    • Proceedings of the KIEE Conference
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    • 2008.09a
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    • pp.15-17
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    • 2008
  • 본 논문은 현행 전력기술 관리법에 의하여 시행되고 있는 전력시설물공사 감리제도의 제도개선에 관한 연구로서 연구자의 현장 실무경험과 감리제도의 일반사항, 감리업자와 감리원에 대한 사항, 감리업자 선정 및 입찰에 관한 사항을 조사하여 전력시설물공사 감리제도의 현황과 실태분석 및 개선방안을 제시한 내용으로 연구결과는 다음과 같다. 첫째, 법적 및 제도적 측면에서 시급히 개선될 사항이다. 정부는 1995년 12월 법률 제5,132호로 전력기술관리법을 제정하여 전력시설물에 대한 공사감리 업무를 별도 분리 발주하여 전문성을 높이도록 전기 분야 전문기술자에 의해 수행토록 하는 것을 골자로 하는 책임 감리제도를 도입하여 오늘에 이르고 있다. 그러나 공사 준골단계에서 전기사업법 제98조 2항에 의해 위탁업무를 하고 있는 전기 안전공사가 사용전 검사를 함으로서 책임 감리제도의 도입 취지를 무색케 한 정도로 심각한 국면에 접어들었다. 전력기술관리법이 제정되어 13년이 지난 오늘까지도 책임 감리제도가 성공적으로 정착되지 못한 근본적인 문제는 사용전 검사를 전기 안전공사에서 대행하고 있다는 것이다. 물론 그동안의 많은 노력으로 어느 정도의 개선은 있었지만 근본적인 문제가 해결되지 않고서는 전력시설물공사의 감리기술의 전문화를 기대하기 어려운 실정이다. 따라서 책임 감리계도의 성공적인 정착을 위해서는 전기사업법 제98조 2항에 의한 위탁 업무인 사용전 감사 제도를 감리업자에게 돌려줌으로서 책임과 권한을 실질적으로 부여하고 감리회사 자체의 기술력 및 기술자 확보와 기술개발에 필요한 운영자금 및 투자 확대를 유도해 나가야 하며, 무엇보다도 확실한 법적 제도적 뒤받침이 선행되어야 한다. 둘째, 제도적 측면에서 일반건축물은 사업주가 전력시설물공사 감리업자를 임의선정 및 수의계약에 의해 감리업자를 지정하고 해당 공사기간동안 전기 감리원을 투입토록 되어 있어 인건비에 미치지 못하는 저가수주와 다음계약을 위해 어쩔 수 없이 사업주에게 종속되는 경우가 많으며, 이로 인해 감리수행에 혼란이 야기되고 책임소재의 불분명 책임 감리원의 조정 및 통제기능이 약화되는 부작용이 나타나고 있다. 전력시설물공사의 감리는 전력시설물의 안전사고, 비효율 및 부실소지 둥을 방지하기 위해서 필수적이고 발주자 감리업자 시공업체에게 모두 도움을 주는 업무이며, 일정규모이상의 건축물은 자발적인 참여로 유도할 수 있도록 적격심사제도(PQ심사)도입이 적극 필요한 실정이다. 셋째, 운용측면에서 공동주택의 주택법에 의한 전력시설물공사 감리는 사업승인권자가 사업수행능력 평가기준(PQ 심사)에 따라 감리업자를 지정하고 해당 공사기간 동안에 전기 감리원을 투입토록 되어 있으나 평가기준이 세대수에 따라 정해져 있어 효율적, 기술적 측면에 미치지 못하는 경우가 많다. 수준 높은 감리를 수행하려면 그에 맞는 적정한 감리원의 투입이 필수적이다. 넷째, 운용 및 제도적 측면에서 공공발주 건축물(공동주택 포함)의 전력시설물공사는 사업수행능력 평가기준(PQ 심사)에 따라 감리업자를 지정하고 해당 공사기간 동안에 전기 감리원을 투입토록 되어 있으나 발주자 소속직원의 감리수행 근거에 의해 자체 감리를 함으로서 시장경쟁 및 민간경제 활성화의 제약, 부정부패 및 비효율 등 사회에 전반적으로 악영향을 끼쳐 하루 빨리 민간 감리업자에게로의 개선이 시급한 실정이다.

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An Analysis of Data Management Policies of Governmental Funding Agencies in the U.S., the U.K., Canada and Australia (국외 정부연구비지원기관의 연구데이터 관리정책 분석 - 미국, 영국, 캐나다, 호주를 중심으로 -)

  • Kim, Jihyun
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.3
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    • pp.251-274
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    • 2013
  • This study aims to analyze data management policies offered by 15 government funding agencies in the U.S., UK, Canada, and Australia, and to make recommendations for developing data management policies in Korea. For the analysis of data management policies, five criteria were suggested based on literature review as follows: 1) the definition of research data, 2) principles of data management, 3) data management plan, 4) the implementation of data management, 5) legal and ethical issues. It was found that there was no policy that covers all the criteria for the analysis. Several funding agencies, however, commonly dealt with each criteria in their data management policies. Based on the findings from the analysis, this study made the following suggestions: First, data policies provide definitions and types of research data based on the understanding of data creation in the fields of funding interests. Second, data policies include principles of data management applicable to data practices in Korea. Third, data policies implement data management plans to promote responsibility of researchers for managing data. Fourth, data policies specify data management implementations to facilitate and support data sharing practices. Fifth, data policies should minimize legal and ethical challenges in data sharing through the review of the applicability of related laws and regulations and their improvement.

To ensure transparency in the implementation of national R&D Sanctions(refunds, participation restrictions) Research (국가연구개발 사업비 집행의 투명성 확보를 위한 제재조치(환수, 참여제한)에 관한 연구)

  • Noh, Sang-Kyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.8
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    • pp.433-440
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    • 2018
  • As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.

A Study on Improvement of Site Selecting Indicators for Safe Pedestrian Environment (안전한 보행환경 사업 대상지 선정지표 개선방안 연구)

  • Lee, Jong Nam;Heo, Joon;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.1
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    • pp.79-86
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    • 2013
  • As car-oriented road policies have been made forward so far, relatively pedestrians' walking conditions are so in poor environments that more than two thousand pedestrians die from car accidents every year. Pedestrians' walking right has been severely invaded like that. Pedestrians' walking right is a right that people are able to walk safely and comfortably in pleasant surroundings as long as they don't threaten the public safety, order maintenance, and welfare. The government has an obligation to provide safe, comfortable, and pleasant environments to pedestrians. Recently interests in pedestrians' safety are increasing, government-driven supports have been made to make safe, pleasant, and healthy walking surroundings. As poor walking condition improvement projects cost high, they should be progressed to accomplish maximal effects using finite finances efficiently, and post feasibility evaluations of the projects should be severely estimated. However site selecting indicators which satisfy with the goal for composing safe working surroundings have not been decided yet, though currently it has a legal basis to specify walking condition improvement sites by the Law for Pedestrians' safety and Comfort Increasement. Therefore this study focuses on suggesting improved ways for selecting sites where pedestrians' safe environment project by reviewing previous research. When project sites are selected, evaluation indicators related to awareness survey of residents and history should be excluded, and disaster safety assessments for walking safety facilities, latent human hazards and natural disasters like a strong wind are proposed besides evaluations on pedestrians' safety and walking environment for matching with the purpose of the project to make safe working surroundings.