• Title/Summary/Keyword: 법적근거

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Utilization of Technical Resources in the Emergency Recovery Process of Flood Damage of Local Governments (지방자치단체의 홍수피해 응급복구 과정에서의 기술자원 활용방안)

  • Heo, Sun Bum;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.5 no.1
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    • pp.7-12
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    • 2012
  • This study analyzed appropriate equipment combination for emergency recovery after flood disasters and proposed an alternative approach for economic and rapid emergency recovery based on the utilization of human resources who have practical experience in construction business and in equipment operation. The current countermeasures and response to flood disaster including emergency procedures and methodologies are investigated and related legal framework was also analyzed. Currently, some emergency recovery works are over payed and delayed due to unclear and inefficient processes on equipment and human resources mobilization during and after flood disasters, particularly in local governments. Best practices in mobilizing equipment and human resources were compiled, theoretical foundation was investigated and analyzed, and improved emergency recovery schemes were proposed for effective flood disaster countermeasures in local government. Prioritization in equipment and human resources mobilization was also proposed considering equipment transportation distance and accessability to disaster sites. This study also proposed improved ways to utilize experts in local areas in supporting community emergency response volunteers for disaster risk management.

A Study on the Library Policies & Services for the Type of Information Inequality in Korea (정보불평등 대상별 도서관서비스 정책과 서비스 현황 진단)

  • Ahn, In-Ja;Noh, Younghee;Chang, Rosa
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.29 no.3
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    • pp.271-295
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    • 2018
  • Information inequality has been differently conceptualized and defined in national laws. While the information inequality increases, library policy and informational service has lagged behind in meeting the needs of the society and the state. This paper aims to provide a preliminary research on information inequality, in terms of conceptualization, the legal base, terminology, index development based on the level of digital information. The paper also highlights cases on library services for solution of the difference. It compares library services designed for the disabled, ethnic minorities and the aged. The paper reviews the existing literature and project data. As a result, there are a number of processes and tasks that needs to be developed, including policy development, supporting organization, human capital, cooperating network, supporting facilities and service, and data.

A Comparative Study on the Legal Responsibilities Classified by Time Slots and Educational Participants Using School Safety Accident Cases of Korea and China (한국과 중국의 학교안전사고 판례에 기초한 시간대별 및 교육주체별 책임에 대한 비교연구)

  • Piao, Li-Na;Lee, Il-Yong
    • Korean Journal of Comparative Education
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    • v.28 no.1
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    • pp.25-49
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    • 2018
  • The rate of school safety accident is increasing gradually. Recently bullying at school also became harsh, the number of related cases is increasing. The purpose of this study is to compare laws between Korea and China, to analyze law cases related with school safety accidents, and to suggest alternatives for the People's Republic of China. Total 80 cases were used. The research results are as follows. First, responsibility decision criteria of both countries are different because of related laws and regulations. Second, responsibility ranges of educational participants are different because of responsibility reversion principle and school safety accident policy. Third, through the results of comparison, prevention of school safety accident, preparation of legal ground, and supplement of present laws were suggested for the future of China.

A Study on the Development of a Human Resource Management Program for Commissioned On-board Trainees (위탁승선실습생의 인적자원관리 프로그램 개발 연구)

  • Park, Jun-Mo;Jung, Chang-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.1
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    • pp.9-17
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    • 2019
  • This study investigated the purpose of commissioned on-board training and the legal basis for the management of commissioned on-board trainees, focusing on the seafarer educational institution belonging to the Ministry of Education, which cultivates merchant mariners. A program was developed based on this research. Despite the legal basis for the management of commissioned on-board trainees, satisfaction with on-board training management has not been high, and the on-board trainee management system of the university was poor. As a result safety accidents among commissioned on-board trainees occurred on ships, and a few students abandoned on-board training. An I.M.S.A.R. model has been developed for safe and systematic management of commissioned on-board trainees, and a base for a human resource management program for commissioned on-board trainees has also been developed. This study is meaningful in that it derived a practical plan for the management of commissioned on-board trainees.

A Study on the Imposition of Sanctions on Illegal Use of Government R&D Expenses (정부연구개발비 유용행위 시 제재부가금에 관한 연구)

  • Noh, Sang-Kyun;An, Eun-Sook;Hyun, Byung-Hwan
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.12
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    • pp.854-862
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    • 2018
  • The Government R&D budget for 2019 exceeded 20 trillion won in order to develop future growth market such as basic research investment and creation of growth engine. As such, the importance of R&D investment is increasing, and various schemes for enforcing efficient and transparent business expenses are being expanded. However, research expenses (Charge ratio) such as fraudulent execution of funds are continuously being generated, and a system of imposition of sanctions is being introduced. In this paper, the legal grounds of sanctions, comparative review of laws and regulations between the ministries, and the criteria of imposition (imputation) were analyzed. In addition, since the amendment of the standard for imposing the intergovernmental surcharges, a single standard has been applied, and the transition process of the surcharging system has been reviewed. As a result of the data analysis, it was found that they focused on micro - utility activities and suggested new policy measures corresponding to them. The Korea Academia-Industrial cooperation Society. The Korea Academia-Industrial cooperation Society.

Current Status and Policy Issues of Senior Clubs: With Focus on Senior Employment Programs (시니어클럽의 현황 및 정책과제: 노인일자리사업을 중심으로)

  • Won, Young-Hee
    • 한국노년학
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    • v.32 no.2
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    • pp.525-540
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    • 2012
  • The study aimed to investigate the current status and policy issues of senior clubs, focusing on the senior employment programs in South Korea. The current status of senior clubs was reviewed based on their legal basis, organization, project type, finance, project performance, and operational difficulties(low revenue yields, high labor intensity and low wages, lack of funding, weakness in provision of a legal basis, etc.). The policy directions of such clubs were also defined as follows: (1) establishment of the role of senior clubs(a local senior center of job creation projects, an execution entity of business senior employment programs matching the regional characteristics, and a center for community change through the promotion of awareness of the problems of and related to the elderly and through empowerment of the elderly); (2) improvement of the quality of jobs(need-based and sustainable job creation, quality improvement in education, improvement of the elderly practitioners' working conditions, and collaboration and partnerships among the public-private sectors); and (3) legislation and amendment of senior employment programs.

The Problems and Improvement Measures of Protection for Politician (정치인 경호제도의 문제점 및 개선방안)

  • Jo, Sung-Gu;Kim, Tae-Min
    • Korean Security Journal
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    • no.22
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    • pp.169-196
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    • 2010
  • Although more priority is given to politicians from the aspect that they represent people and decide the future of country, the current situation is that politicians are not free from terrorism because of insufficient guard-concerned law, negative social recognition and increased crime and terrorism. The measure for politician terrorism shall be handled from the aspect of national security rather than public peace. For the purpose, basic legal foundation shall be prepared and specialized guard technique considering specialty of politician shall be established. Basic solution shall be established by reinforcing law against politician terrorism and establishing new law from the national viewpoint. The guard for politician has two faces that both of safety of guard target and voting intention of voter shall be met at the same time. Although special guard technique is required for guarding politician, current situation is that it is not researched professionally. In relation to the measure to develop the system of protection for politician, First, the study suggested legal foundation for politician guard. Although the 17th National Assembly proposed revised legal plan to protect politician from terrorism, it is suspended, expired and abolished now. The legal plan presented by members of the National Assembly was simply restricted to the scope of public guard. The study divided establishment of legal foundation into two things. The first one is the dispatch type of effective public guard and the second one is the transfer to private guard. Second, the study suggested environmental development method of politician guard. in the environment of politician guard, the study suggested improvement and development method by analyzing social recognition, politician's mind and voter's mind psychologically. After the beginning of human society, if human race is continued, political activity won't disappear. It is obvious that the safety of political leader is very important issue for human race because he plays the role to decide the future of human. In the future, more specialized, effective law shall be prepared and deeper study of scholar shall be performed.

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A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013
  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

정책초점2 - 식품자판기 다류.커피.음료류에 대한 미생물 기준 신설

  • 한국자동판매기공업협회
    • Vending industry
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    • v.10 no.2
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    • pp.36-37
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    • 2010
  • 식품자판기에 대한 미생물 기준이 마련되었다. 식품의약품안전청은 식품자판기 다류 커피 음료류에 대한 미생물기준을 담은 "식품의 기준 및 규격"를 일부 개정 고시했다. 이 기준이 마련된 것은 청결상태 등 위생관리가 불량하여 지속적으로 문제가 되고 있는 식품자동판매기 음료 등에 대해 효율적인 관리를 위한 기준이 필요하다는 판단 때문이다. 식품자판기 다류 커피 음료류에 적용되는 세균기준은 3,000/mL 이하(다만, 유가공품, 유산균, 발효제품 및 가열하지 아니한 과일 채소류음료가 함유된 경우는 제외)이어야 하며, 대장균은 음성이어야 한다. 이외 살모넬라(Salmonella spp.), 황색포도상구균(Staphylococcus aureus), 장염비브리오균(Vibrio parahaemolyticus), 클로스트리디움 퍼프린젠스(Clostridium perfringens), 리스테리아 모노사이토제네스(Listeria monocytogenes), 대장균 O157:H7(Escherichia coli O157:H7), 캠필로박터 제주니(Campylobacter jejuni), 여시니아 엔테로콜리티카(Yersinia enterocolitica) 등의 식중독균이 검출되어서는 아니 된다. 또한 가공식품에서 많이 검출되는 바실러스 세레우스(Bacillus cereus)는 g 당 1,000 이하(단 멸균제품은 음성이어야한다)이어야한다. 이번 미생물기준의 마련은 앞으로 법정기준을 위반시 처벌대상이 된다는 점에서 유의해야할 사항이다. 이전까지는 식품자판기에 대한 미생물기준이 마련이 되어 있지 않기 때문에 마땅한 법적인 처벌 기준이 없었던 게 사실이다. 따라서 자판기 운영업체에서는 보다 철저한 위생관리가 요구되고 있다. 위생점검에서 미생물 기준을 지키지 않은 지판기에 대해서는 법적 처벌 근거가 마련이 되는 만큼 식품자판기 위생성 향상에 만전을 기해야 할 것이다. 6월 16일 개정고시된 미생물기준은 7월 1일부터 적용된다.

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