• Title/Summary/Keyword: 법적제도

Search Result 574, Processing Time 0.027 seconds

A Research on Diagnosis of Institutional Problem and Improvement Plan for Management in Coastal Dredged Sediment - Case Study of Masan Bay - (연안준설토 관리의 제도적 문제점 진단 및 개선방안 연구 - 마산만 사례를 중심으로 -)

  • Yi, Yongmin;Oh, Hyuntaik;Lee, Dae In;Kim, Gui Young;Jeon, Kyeong Am;Kim, Hye Jin
    • Journal of Environmental Impact Assessment
    • /
    • v.24 no.5
    • /
    • pp.444-455
    • /
    • 2015
  • In relation to the utilization and disposal of dredged sediment caused by coastal dredging project, we diagnosed the status of legal standard and system, and proposed the improvement plan. Dredging costal sediment distinguished the usage and the disposal by the Standard for the Beneficial Usage of Dredged Sediment. The site where disposal has been completed could be used as a site for developmental project. In case of the usage of dredged sediment for reclamation, we found that the adaptation of the Standard for Beneficial Usage of Dredged Sediment is appropriate for reclamation considering the characteristic of soil, the differences of variables, and the distinction of standard analysis methods. The current the Standard for Beneficial Usage of Dredged Sediment requires the improvement with the usage of dredging coastal sediment in the following. First, the Standard needs to include the standard of the discrimination for reclamation. Second, the current Standard is necessary to be divided by two levels, it needs to be mitigated considering human health risk. Third, it is necessary to consider both the marine environmental impact assessment and mitigation plan near coastal dredging area.

A Study on Rethinking the Operating of Counter-terrorism Systems in South Korea (한국 대테러시스템 운영의 재모색)

  • Kwon, Jeong-Hoon
    • Korean Security Journal
    • /
    • no.51
    • /
    • pp.153-170
    • /
    • 2017
  • The purpose of this study is to rediscover the operation of anti-terrorism system focusing on the system approach and crisis management approach for counter terrorism in Korea. According to the results of this study, it is required to establish a link between open systems and integrative system focusing on functional linkage of counter-terrorism systems, and cooperative measures with private sectors in the dimension of governance activation. Further, it is necessary to prepare legal foundations for the cooperation with private sectors and then promote open consciousness transformation through the partnership with private security for anti-terrorism activities. In addition, in its preventive stage, it is required to prepare legal systems related to biochemical terrorism for stronger regulations through crisis-managerial approach. Next, in its preparatory stage, it is necessary to prepare education and enact named Terror Prevention Day for increasing terror safety consciousness, and then extend citizen reporting reward systems to enable citizens to participate and become interested voluntarily in terror prevention. Also, it is essential to establish the substantial training system for preparing for terror occurrence. Moreover, in its response stage, it is urgent to construct networks between related institutions to manage field and spot responses with integrative management systems through information sharing. Furthermore, in its restoration stage, it is indispensible to prepare long-term management systems for injured persons and families of the deceased from terror incidents.

  • PDF

A Study on Unconstitutionality of Insurance Premium Rating System in Accordance with National Health Insurance Act. - Focused on Age and Gender in Premium Rating Standards Activity Rate and Living Standards of the Local Insured - (국민건강보험법상 보험료부과체계에 관한 법적 고찰 -지역가입자 생활수준 및 경제활동 참가율 부과기준 중 성과 연령을 중심으로 -)

  • Song, Kimin;Jeong, Jeong-Ile
    • The Korean Society of Law and Medicine
    • /
    • v.15 no.1
    • /
    • pp.185-209
    • /
    • 2014
  • While the local health insurance and the employment-based insurance were integrated in July 2000, the insured is divided into employment-based insured and the local insured and the relevant premium has been applied to both groups. The health insurance premium having the feature of social solidarity has to be determined depending on income, that is, the ability to pay in accordance with the principles of social insurance. While employment-based insurance premium has been determined depending on the earned income, the local insurance premium for the local insured has been determined by scoring gross income(evaluated income), property and possession of automobiles. A variety of improvement approaches has been implemented including introduction of the employment-based insurance premium ceiling system (2002) and the change of property scoring system for the local insured (2006). However, the health insurance system which was merged in 2000 has been implemented up to now without significant change even though there were lots of socio-demographic change including increase of income level and the population structure such as low birth and aging. In other words, it is required to implement the premium rating system securing the income-based equity. Nevertheless, it was inevitable to apply the diverse rating standards in the early stage because it was very difficult to verify the income of the self-employed. Although the income verification rate was significantly increased from 23% in 1989 to 44% in 2010, the irrational standards including property, automobiles, living standard and activity rate have been still applied to the local insured because it is difficult to secure the validity of insurance premium rating system and it severely lacks of security. This paper investigated whether the current insurance premium rating system for the local insured imposing the premium on the basis of 'gender' and 'age' complies with the basic human rights secured by the current Constitution of the Republic of Korea with respect to the practical and theoretic irrationality of insurance premium rating system and standards for he local insured. In accordance with the analysis results, this paper proposed the approach to improve the system.

  • PDF

Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
    • /
    • v.17 no.2
    • /
    • pp.315-346
    • /
    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

  • PDF

Problems and Improvement Measures for the transformation of World Geodetic System (지적공부의 세계측지계 변환에 따른 문제점 및 개선방안)

  • Kim, Geun-Bae;Jeong, Gu-Ha;Jeon, Jeong-Bae
    • Journal of Cadastre & Land InformatiX
    • /
    • v.49 no.2
    • /
    • pp.123-134
    • /
    • 2019
  • The introduction of the world geodetic reference system in cadastral sector can apply the international standardization of cadastral survey and can be the basis for the creation of new industries by merging with other industries based on spatial information. With the introduction of the world geodetic reference system, non-coincidence land may cause problems which are whether the cadastral record and the real estate register are not consistent, etc. This problem infringes on the protection of ownership of citizens suggested in the main purpose of 「Act On The Establishment, Management, Etc. Of Spatial Data」. We have analyzed at overlapping cases between private land and overlapping cases between national and public land and suggested institutional improvement measures to solve problems arising on the site. As a result, it will be necessary to introduce a transformation verification measure by the world geodetic reference system in order to assign a function as a cadastral records to mapping converted to the world geodetic reference system. It is also expected that the legal and institutional basis should be established for alert adjustment and positioning through verification measures. Finally, it is difficult to determine the transformation factor as the co-ordinates of common points also differ because survey results vary by work area. Therefore, it is deemed necessary to consider the requirement to use the cadastral measurement basis by the world geodetic reference system in 2021.

A Study on the Policy Proposal for the Revitalization of Small Libraries in the Residential Communities in Gyeonggi-do (경기도 공동주택단지 내 작은도서관 활성화를 위한 정책 제안 연구)

  • Noh, Younghee;Choi, Man-Ho;Kim, Yoon-Jeong;Chang, Rosa
    • Journal of the Korean Society for Library and Information Science
    • /
    • v.54 no.3
    • /
    • pp.71-95
    • /
    • 2020
  • In Gyeonggi-do(province), where the largest number of small libraries are located in Korea, 42% of small libraries are located in apartment complexes. However, as libraries established under legal obligations are managed and operated on voluntary will, there have been numerous ongoing cases of temporary closure or permanent shut down. To revitalize small libraries in apartment complexes, it is reasonable to seek ways to revitalize them through the role of the central point of the village community in the complex. To that end, this study surveyed the current status of small libraries in Gyeonggi-do, a survey of small library operators and related persons in apartment housing complexes and similar residential communities in Gyeonggi-do and 31 cities and counties. Based on this, this study was intended to derive practical measures to revitalize the operation and preservation of small libraries in such residential communities. Four goals were set to improve community awareness of small libraries, cultivate self-operating abilities, improve laws and systems, and strengthen support for local governments. Research needs to be carried out not only for small libraries in apartment complexes in Gyeonggi-do but also for the continued development of other small private libraries.

Legal Imperatives Related to Teacher Certification in Gifted Education (영재교육기관 교원자격에 관한 법 규정의 검토)

  • Park, Chang-Un;Seo, Hae-Ae
    • Journal of Gifted/Talented Education
    • /
    • v.20 no.1
    • /
    • pp.231-256
    • /
    • 2010
  • The research attempts to explore legal issues related to teacher certification in gifted education. For this end, first, the institutional processes of the 'Law of the Promotion of Education for the Gifted and Talented' and its legal characteristics were reviewed. The 'Law of the Promotion of Education for the Gifted and Talented' appeared to be superior to the 'Law of Elementary and Secondary School Education' in order to ensure the right of the gifted to receive a proper education. In consequences, regulations related to teacher certification in gifted education should require to obtain professional knowledge and ability in addition to general education teacher certification. Second, the differences between 'Law of the Promotion of Education for the Gifted and Talented' and 'Law of Elementary and Secondary School Education' were analyzed. It was found that the 'Law of the Promotion of Education for the Gifted and Talented' is not sufficiently articulated in terms of required and elective courses and hours to certify teachers for the gifted as well as their employment at gifted educational institutions. In conclusions, further attentions to legal imperatives in gifted education are called for establishing and upgrading teacher certification in gifted education.

A Study on the Current Status and Policy Direction of Open Banking (오픈뱅킹(Open Banking)의 현황과 정책방향에 관한 연구)

  • Park, Jeongkuk;Kim, Injai
    • Journal of Service Research and Studies
    • /
    • v.10 no.1
    • /
    • pp.17-31
    • /
    • 2020
  • Open banking, the global trend of the financial industry, is the driving force behind various innovations in the financial market in the future. The right policy direction and detailed tasks are important for triggering the differentiation and reunion of the financial industry. The purpose of this study is to investigate and analyze the background of open banking, domestic and international trends, and Korea's open banking policy. The policy directions and tasks for successful settlement and activation of open banking system are carefully suggested. Open banking is a policy to allow third party provider(TPP) access to bank accounts and open payment functions under the explicit consent of the customer. The opening of the open banking era is expected to begin competition and cooperation between banks and fintech companies in earnest, thus enhancing the competitiveness of the financial industry and contributing to the utility of financial consumers. To this end, policymakers should make every effort to advance open-ended financial settlement infrastructure, open banking legal grounds, and minimize side effects such as customer data leakage and poor financial system stability. Banks and fintech companies will need to focus on scattered customer financial information on a single platform and develop it into a convergence and discrimination of true financial services.

Consumers의 Awareness and Utilization of Food Labels (식품표시에 대한 소비자의 인식 및 이용 실태)

  • 김향숙;백수진;이경애
    • Journal of the Korean Society of Food Science and Nutrition
    • /
    • v.28 no.4
    • /
    • pp.948-953
    • /
    • 1999
  • The objective of this study was to contribute to the enhancement of food labeling and the development of food labels which are more informative to consumers. The questionnaires had been collected from adult female consumers living in Seoul, Kyonggi, Choongnam and Chungbuk province. Out of 950 answers collected 792 were analyzed. Ninety two percent of respondents were aware of food labels, however only 67.6% of them knew about the fact that food labeling was regulated by the law. Respondents recognized the major purpose of food labeling as informing and protecting the consumer. Most of the respondents answered that they confirmed the contents of food labels at the time of purchase especially with regard to safety aspects, such as expiration on data and manufacture date. Eighty four percent of the respon dents showed confidence in the contents of food labels.The rests answered they were hot confident because they experienced directly, or indirectly discord of food contents in fact and in label.

  • PDF

Precautionary Principle for the Protection of Space Environment against Solar Electromagnetic Storm (우주전파재난과 우주법상의 사전주의 원칙에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.26 no.1
    • /
    • pp.241-269
    • /
    • 2011
  • Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.

  • PDF