• Digital Contents
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• no.2 s.129
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• pp.118-128
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• 2004

사이버스페이스에 음란물이 홍수처럼 밀려들면서 전통적인 법과 규제의 한계를 드러내고 있다. 인터넷을 통한 O양과 B양의 비디오 파문은 이를 단적으로 보여주는 사건이다. 사이버스페이스에서의 이러한 음란물은 법적으로 윤리적으로 보호할 가치가 없으므로 마땅히 규제의 대상이라는 주장과 이것 역시 보호돼야 하는 표현의 자유라는 일부의 주장을 어떻게 조화롭게 대처할 것인가는 21세기 사이버스페이스 시대가 해결해야 할 새로운 문제로 부각되고 있다. 자유와 책임이 동전의 양면관계로 대립하는 음란한 표현은 사이버스페이스에서도 선악의 한계로 서로 밀고 당기면서 오늘에 이르고 있다. 이런 음란의 문제를 관련 법과 판례를 중심으로 고찰하면서 새로운 사이버스페이스에서의 대책과 합리적 체계는 무엇인가를 살펴보자.

• 전기의세계
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• v.44 no.2
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• pp.21-27
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• 1995

인류과학 문명의 발달은 전기문명의 발전없이는 생각할 수 없음은 자명한 사실이다. 그러나 화석 에너지의 고갈로 인한 전기 에너지의 생산의 타개책으로 인간의 지혜는 원자력발전이란 귀한 에너지원을 확보하게 되었음은 실로 다행한 일이며 인간역사가 계속 이어질 수 있는 바탕을 마련하였다고 볼 수 있다. 또한, 이 원자력 에너지는 화석 에너지의 결점인 환경오염으로부터 완전해방이 되었을 뿐만 아니라 경제성 측면에서 비교우위에 있음이 확실하다. 그러나 원전은 안전성을 담보로 하기 때문에 설비의 운영관리에 많은 제약이 뒤따르고 있다. 그러므로 원전은 그 관리능력이 인정될 수 있는 국가와 국민만이 화석 에너지가 갖지 못하는 혜택을 누릴 수 있는 것이다. 그래서 원전의 안전 규제 체제는 사업자에게만 그 책임을 지울 수 없으므로 국가적인 차원에서 안전관리의 목표와 정책을 수립하고 이것을 효과적으로 시행하기 위한 법적, 제도적 장치를 마련하고 있다.

• Bulletin of the Korean Institute for Industrial Safety
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• v.3 no.1
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• pp.27-30
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• 2003

지난해 12월 30일자로 산업안전보건법이 개정 공포(법률 제 6847호)됨으로써 단순반복작업 또는 중량물 취급 등으로 인한 근골격계질환의 예방을 위한 법적 근거를 마련하게 되었다. 이에 따라, 해당 사업장에서는 무엇을 어떻게 준비를 해야하는지에 대한 구체적 준비사항을 문의해 오고 있으면 근골격계질환 예방 관련 규칙개정(안)에 대한 관심이 매우 높은 상태이다. 따라서, 본 법의 취지대로 사업장에서 근골격계질환 예방을 효율적으로 수행하기 위해서 우선 사업장안전보건 관계자 및 근로자대표가 관련업무에 관해 무엇을 어떻게 수행해야 하는지를 구체적이고 명확하게 알아야만 책임을 지고 예방업무를 수행해 갈 수 있을 것이다.(중략)

• 대한예방의학회:학술대회논문집
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• 1998.10b
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• pp.208-209
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• 1998

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Korean Security Journal
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• no.44
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• pp.251-278
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• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

• MARITIME LAW REVIEW
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• v.29 no.2
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• pp.115-144
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• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.83-94
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• 2019

Recently, the proportion of overseas orders of domestic construction companies is increasing, and the global market demands management transparency on corporate social responsibility activities. Therefore, domestic companies are faced with the need to systematically prepare for social responsibility activities. The purpose of this study was to examine whether CSR activities have a moderating effect on the relationship between organizational trust, job satisfaction, turnover intention and contract type. This study analyzed the effect of CSR activities on organizational trust, job satisfaction and turnover intention. The study targets regular and irregular workers in construction companies who promote CSR activities through the homepage, public service ad, and media. The questionnaire distributed 300 copies online. The final valid sample is 255 (145 Regular and 110 Irregular). Empirical analysis used a structural equation model. The results of the study are as follows. First, in CSR activities, economic responsibility, philanthropic responsibility and ethical responsibility had a positive (+) effect on organizational trust. Second, organizational trust had a positive (+) effect on job satisfaction in CSR activities. Finally, the magnitude of the Moderate effect of the type of labor contract according to the group classification showed that the CSR activity on organizational trust had many regular employees with economic responsibility. Also, organizational trust in job satisfaction was found to be large in regular employees. The results of this study can be a guide to CSR activities of construction companies in terms of organizational effectiveness.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.3-35
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• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.