• The Korean Journal of Archival Studies
• /
• no.55
• /
• pp.39-71
• /
• 2018

The purpose of this study is to examine the reality of the records management of the National Assembly members and suggest a desirable alternative. Until the Public Records Management Act was enacted in 1999, the level of the records management in the National Assembly was not beyond that of the document management in both the administration and the legislature. Rather, the National Assembly has maintained a records management tradition that systematically manages the minutes and bills since the Constitutional Assembly. After the Act was legislated in 2000, the National Assembly Records Management Regulation was enacted and enforced, and the Archives was established in the form of a subsidiary organ of the Secretariat of the National Assembly, even though its establishment is not obligatory. In addition, for the first time, an archivist was assigned as a records and archives researcher in Korea, whose role is to respond quickly in accordance with the records schedule of the National Assembly, making its service faster than that of the administration. However, the power of the records management of the National Assembly Archives at the time of the Secretariat of the National Assembly was greatly reduced, so the revision of the regulations in accordance with the revised Act in 2007 was not completed until 2011. In the case of the National Assembly, the direct influence of the executive branch was insignificant. As the National Assembly had little direct influence on the administration, it had little positive influence on records management innovation under Roh Moo-Hyun Administration. Even within the National Assembly, the records management observed by its members is insignificant both in practice and in theory. As the National Assembly members are excluded from the Act, there is no legal basis to enforce a records management method upon them. In this study, we analyze the records management problem of the National Assembly members, which mainly concerns the National Assembly records management plan established in the National Archives. Moreover, this study proposes three kinds of records management methods for the National Assembly members, namely, the legislation and revision of regulations, the records management consulting of the National Assembly members, and the transfer of the dataset of administrative information systems and websites.

• Korean Journal of Heritage: History & Science
• /
• v.43 no.1
• /
• pp.56-85
• /
• 2010

UNESCO World Heritage Programme was introduced following the adoption of Convention Concerning the Protection of the World Cultural and Natural Heritage by the General Conference of UNESCO in 1972 in order to protect cultural and natural heritage with superb value for all mankind. Despite its short history of less than 40 years, it has been evaluated as one of the most successful of the cultural area projects of UNESCO with 890 world heritage registered worldwide. For systematic protection management of World Heritage, UNESCO, through systemization of registration, emphasis on the importance of preservation management plan, institutionalization of monitoring, and operation of World Heritage Fund, has utilized World Heritage Programme not just as a means of listing excellent cultural properties, but as a preservation planning tool, and accordingly, such policies have had a significant influence on the cultural heritage protection legislations of numerous nations. Korea has ratified World Heritage Convention in 1988, and with the registration of the Royal Tombs of the Joseon Dynasty in 2009, it has 9 World Heritage Sites. Twenty years have passed since Korea joined the World Heritage Programme. While World Heritage registration contributed to publicity of the uniqueness and excellence of Korean cultural properties and improvement of Korea's national culture status, it is now time to devise various legislative/systematic improvement means to reconsider the World Heritage registration strategy and establish a systematic preservation management system. While up until now, the Cultural Properties Protection Law has been amended to arrange for basic rules regarding registration and protection of World Heritage Sites, and some local governments have founded bodies exclusive for World Heritage Site management, a more fundamental and macroscopic plan for World Heritage policy improvement must be sought. Projects and programs in each area for reinforcement of World Heritage policy capacity such as: 1) Enactment of a special law for World Heritage Site preservation management; 2) enactment of ordinances for protection of World Heritage Sites per each local government; 3) reinforcement of policies and management functionality of Cultural Heritage Administration and local governments; 4) dramatic increase in the finances of World Heritage Site protection; 5) requirement to establish plan for World Heritage Site preservation protection; 6) increased support for utilization of World Heritage Sites; 7) substantiation and diversification of World Heritage registration; 8) sharing of information and experiences of World Heritage Sites management among local governments; 9) installation of World Heritage Sites integral archive; 10) revitalization of citizen cooperation and resident participation; 11) training specialized resources for World Heritage Sites protection; 12) revitalization of sustainable World Heritage Sites tourism, must be selected and promoted systematically. Regarding how World Heritage Programme should be domestically accepted and developed, the methods for systemization, scientific approach, and specialization of World Heritage policies were suggested per type. In the future, in-depth and specialized researches and studies should follow.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.47 no.1
• /
• pp.39-48
• /
• 2019

Based on the bidding data of the national marketplace for public procurement service from 2003 to 2015, this study investigated and analyzed the bidding trends of the landscape management public consignment service by analyzing total bidding, type, client, region, license. The results are as follows. First, the total number of bids for civilian consignment services in landscape management increased by 1,112 cases, corresponding to a 487.7% increase over 10 years, and the total bidding amount increased by 144,504 million won, corresponding to a 382.5% increase. Second, in 10 years, the proportion of landscape management in landscaping works increased by 10%, and the bidding amount increased by 3%. Third, in the analysis of bidding trends by type, green areas showed the greatest growth in the number of bids, while the greenery of buildings showed the highest increase in the bid amount. Fourth, local autonomous entities, Gyeonggi province, and the landscaping planting construction industry showed the highest increase in the number of bids and the amount in each field such as client, region, and license. In summary, the number of cases and the bidding amount is increasing year by year. Considering the increasing number of users and demands thereof, the number of bids and the amount of consignment service for landscape management will continue to increase. The purpose of this study is to investigate and systematically analyze the tendency of bidding for 10 years for the private consignment service of landscape management in the current situation, where the importance of landscape management is increasingly emphasized. Another purpose of this study is to discern the necessity of the landscape management business and to provide the basis for incorporating the landscape management business into the professional construction industry in the future, thus providing opportunities for widening the expertise and diversity of the landscaping field. For the following study, the legal basis of landscape management, qualification, equipment standards, calculation of management cost per unit, and the appropriateness of the management cost should be considered.

• Korea Real Estate Review
• /
• v.24 no.1
• /
• pp.77-90
• /
• 2014

With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

• The Korean Society of Law and Medicine
• /
• v.24 no.2
• /
• pp.147-196
• /
• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Journal of Christian Education in Korea
• /
• v.74
• /
• pp.227-253
• /
• 2023

Purpose of the Study: This paper focuses on a significant historical event, namely the Bremen teachers' movement of 1905, which aimed to abolish religious classes in public schools. By examining an incident in the German history of religious education that remains unfamiliar to the Korean Christian Association, I aim to explore the interconnected diachronic and synchronic influences involved in this particular event. Contents and Method: The religious controversy sparked by the Bremen Teacher's movement of 1905 marked the first official call for reform towards neutral religious education in schools. Several factors contributed to this debate, including the rise of civil society in the 19th century, advancements in science and scholarship, the emergence of social democracy, and the conflict between the Lutheran and Reformed Churches. This paper delves into the historical context of the controversy and analyzes its impact on the develop of religious education in Germany. As reflected in the Bremen Document, the official outcome of the Bremen Teacher's Movement, educators argued for the separation of religion and education, emphasizing that religion is a deeply personal matter. The document called for the adoption of value-neutral moral education in public schools, achieved through objective Bible-History classes. This paper explores the impact of the Bremen School Dispute of 1905 on the development of religious education in Germany. Specifically, the provisions of the Bremen State Constitution of 1948 and the German Basic Law of 1949 were influenced by the controversy, with Article 141 of the Basic Law - known as the 'Bremen Clause' - providing a legal basis for the exclusion of churches from religion-classes at Schools in Bremen. The Bible-History Classes advocated in the Bremen Documents served as the basis for the present-day Bremen religious education curriculum well known for neutral objective religion-classes. Conlusion: This study analyzes the background, content, and influence of the Bremen School Controversy, which remains relatively unknown in Korea. The findings of this study can contribute to the ongoing discussion of Christian school education in Korea, with an emphasis on maintaining a Christian identity while promoting religious publicity in the classroom.

• Journal of Korea Entertainment Industry Association
• /
• v.13 no.8
• /
• pp.411-424
• /
• 2019

The purpose of this study is to explore the feasible policy directions for sports welfare that can not only improve the standard of living through health but also ensure a happy and enjoyable life for the people of Gangwon Province. For this purpose, I have conducted studies such as the analysis on the sports class voucher project being implemented by the South Korean government and the case analysis in sports welfare, and present policy directions as follows. First of all, it is about upgrading the sports class voucher project. And as its implementation plans, I suggest ① increased publicity, ② the earmarking of the province's own budget for the sports class voucher project, ③ the establishment of a system for cooperation for work implementation between the related organizations and their staff in charge with a view to activating the sports class voucher project, and ④ the upgraded services for the sports class voucher project and the upgraded access to the life cycle-based universal welfare. Second, it is about using public sports facilities and developing various programs. I suggest the active utilization of the public sports facilities that enable people to learn the skills for such sports disciplines as baseball, badminton, ice sports, and golf and the development and distribution of distinctive educational programs for dance for media entertainment shows for female youths, climbing, cheer leading, fencing, surfing and horseback riding. Third, it is about nurturing the human resources and networking. For this, I suggest the creation of 'Sports Welfare Specialist Training Program' and the training of the college students majoring in sports science with the aim of creating a number of jobs. Fourth, it is about refurbishing the system and establishing the support system. I suggest the dismantling of the partitions in the welfare policy related to sports activities and the formation of (tentatively named) 'Gangwon Province Sports Welfare Implementation Committee', and the creation of (tentatively named) 'Sports Welfare Project Support Team' in Health, Welfare & Women's Affairs Bureau or Culture, Tourism and Sports Bureau in the short term and then its long-term expansion into (tentatively named) 'Gangwon Province Sports Welfare Support Center' in responding to the needs that reflect the provincial demographics, with a view to establishing a single lineup for the administrative support system. Furthermore, as budget and manpower are needed to realize customized sports welfare that suits the characteristics of the province and in which all the provincial residents can collect benefits, I suggest that the province provide the legal basis through creating 'Ordinance Promoting Sports Welfare in Gangwon Province' and pushing forward with (tentatively named) 'Gangwon Province Sports Welfare Competition' as what revises the sports class voucher project for the purpose of broadening the basis for sports welfare promotion.

• The Korean Society of Law and Medicine
• /
• v.25 no.1
• /
• pp.87-115
• /
• 2024

In Korea, exposure to stress has been accompanied by mental pain in the process of achieving many growth along with rapid development, various social problems, and the frequency of emergency hospitalization is increasing.. In the case of mentally ill patients, "unwanted hospitalization" is a problem, and police and 119 paramedics try to suppress the body of mentally ill patients, and many problems are exposed This is because the constituent requirements of the provisions of emergency hospitalization under the Mental Health and Welfare Act do not reflect reality, and each institution has a different position on one mentally ill person, and emergency hospitalization does not proceed smoothly or leads to friction between related organizations, and the safety of the mentally ill or others is not secured. Emergency hospitalization is defined as "a person who finds a person who is presumed to be mentally ill and is at high risk of harming his or her health or safety or others," and if the situation is so urgent that he or she cannot afford time to go through the hospitalization procedure to decide on his or her own hospitalization, he or she can request emergency hospitalization with the consent of a doctor and a police officer. In this case, 119 paramedics are escorted to a psychiatric institution. This provision of emergency hospitalization poses many problems in the process of transferring to psychiatric institutions. If a police officer or 119 paramedics in charge of practice use "physical force" during the emergency hospitalization process, side effects will inevitably occur, and professional negligence can be a problem. Specifically, when exercising physical force, the minimum necessary physical restraint based on laws and regulations and proportional principles is required, and the lack of the duty of care of 119 paramedics or police officers under the laws and regulations will eventually be resolved by applying other laws and regulations. Accordingly, it will be an opportunity for mentally ill patients to be transferred to psychiatric institutions in a safe environment by changing the subject of emergency hospitalization provisions under the Mental Health Welfare Act, defining and prescribing the use of physical protection guards as the enforcement regulations of the Mental Health Act, setting the duty of care for 119 paramedics and police officers, and creating an environment for transportation so that mentally ill patients can be treated safely.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.1
• /
• pp.115-157
• /
• 2013

Some contracting States of the Convention on International Civil Aviation (commonly known as the Chicago Convention) issue FAOC(Foreign AOC and/or Operations Specifications) and conduct various safety audits for the foreign operators. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident, it is the source of concern from the legal as well as economic perspectives. FAOC of the USA doubly burdens the other contracting States to the Chicago Convention because it is the requirement other than that prescribed by the Chicago Convention of which provisions are faithfully observed by almost all the contracting States. The Chicago Convention in its Article 33 stipulates that each contracting State recognize the validity of the certificates of airworthiness and licenses issued by other contracting States as long as they meet the minimum standards of the ICAO. Consequently, it is submitted that the unilateral action of the USA, China, Mongolia, Australia, and the Philippines issuing the FOAC to the aircraft of other States is against the Convention. It is worry some that this breach of international law is likely to be followed by the European Union which is believed to be in preparation for its own unilateral application. The ICAO established by the Chicago Convention to be in charge of safe and orderly development of the international civil aviation has been in hard work to both upgrade and emphasize the safe operation of aircraft. As the result of these endeavors, it prepared a new Annex 19 to the Chicago Convention with the title of "Safety Management" and with the applicable date 14 November 2013. It is this Annex and other ICAO documents relevant to the safety that the contracting States to the Chicago Convention have to observe. Otherwise, it is the economical burden due to probable delay in issuing the FOAC and bureaucracies combined with many different paperworks and regulations depending on where the aircraft is flown. It is exactly to avoid this type of confusion and waste that the Chicago Convention aimed at when it was adopted in 1944. The State of the operator shall establish a system for both the certification and the continued surveillance of the operator in accordance with ICAO SARPs to ensure that the required standards of operations are maintained. Certainly the operator shall meet and maintain the requirements established by the States in which it operate. The authority of a State stops where the authority of another State intervenes or where the former has yielded its power by an international agreement for the sake of international cooperation. Hence, it is not within the realm of the State to issue FAOC towards foreign operators for the reason that these foreign operators are flying in and out of the State. Furthermore, there are other safety audits such as ICAO USOAP, IATA IOSA, FAA IASA, and EU SAFA that assure the safe operation of the aircraft, but within the limit of their power and in compliance with the ICAO SARPs. If the safety level of any operator is not satisfactory, the operator could be banned to operate in the contracting States with watchful eyes until the ICAO SARPs are met. This time-honoured practice has been applied without any serious problems. Besides, we have the new Annex 19 to strengthen and upgrade with easy reference for contracting States. We don't have no reason to introduce additional burden to the States by unilateral actions of some States. These actions have to be corrected. On the other hand, when it comes to the carriage of the Personal or Pilot Log Book, the Korean regulation requiring it is in contrast with other relevant provisions of USA, USOAP, IOSA, and SAFA. The Chicago Convention requires in its Articles 29 and 34 only the carriage of the Journey Log Book and some other certificates, but do not mention the Personal Log Book at all. Paragraph 5.1.1.1 of Annex 1 to the Chicago Convention even makes it clear that the carriage in the aircraft of the Personal Log Book is not required on international flights. The unique Korean regulation in this regards giving the unnecessary burden to the national flag air carriers has to be lifted at once.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.1
• /
• pp.67-95
• /
• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.