• Title/Summary/Keyword: 법제구조

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The Occupational Health and Safety of Migrant Workers and the Migrantisation of Risk: A Case Study of the UK Construction Industry (이주노동자의 산업안전보건과 위험의 이주화: 영국 건설업 사례를 중심으로)

  • Julia Jiwon Shin;Junho Chae
    • Journal of the Economic Geographical Society of Korea
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    • v.27 no.1
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    • pp.18-37
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    • 2024
  • This study examines migrant workers' occupational health and safety issues through a case study of the UK construction industry, focusing on structural vulnerabilities. Migrant workers are at the bottom of the hierarchically fragmented labour market, performing outsourced hazardous work. Structural vulnerability focuses on the social structures that create hierarchies and increase risk in the workplace, rather than on individual responsibility or 'cultural' differences of migrant workers. The study considers the structural factors that perpetuate the migrantisation of risk in the UK construction industry, focusing on the structural necessity of low-wage migrant labour, precarious employment and the legal status of migrant workers, and discusses how these three factors interact to increase migrant workers' vulnerability to health and safety. The migrantisation of risk is not only a matter of occupational health and safety or universal workers' compensation, but also of the intertwining of labour migration policies with employment structures that rely on low-wage, low-skilled labour. This calls for proactive measures to address structural risks that go beyond passive declaratory policies that do not exclude migrant workers from education, training or legal systems.

Analysis of Stream Environmental Assessment Systems in Korea: Focus on the Biological Aspect (우리나라 하천 환경 평가체계의 분석: 생물분야를 중심으로)

  • Chun, Seong Hoon;Kim, Chae Baek;Kim, Woo Ram;Park, Sang Gil;Chae, Soo Kwon
    • Ecology and Resilient Infrastructure
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    • v.2 no.2
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    • pp.108-117
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    • 2015
  • This study was carried out to assess problems related to legislative regulations and guidelines concerning some biological assessment systems applied to stream corridor in Korea. We comparatively reviewed the law of stream corridors and the guidelines for master plan concerned, and the law of water quality and health assessment criteria for the aquatic ecosystem concerned. Stream environments were not managed effectively due to the absence of detail regulations and the criteria for stream assessment. A biological assessment system was not equivalently integrated within the management of water resources in process implementation of projects resulting from the dualistic management system for stream corridors in Korea. The current biological assessment system was reflected to mainly physical habitats or only oriented to some aquatic species correlated with water quality. This system was also recognized as part of environment impact assessment based on an intensive survey method of most biological taxa. Conclusively rapid and quantitative assessment techniques based on advanced organisms, such as vegetation, fish and birds, etc. should be urgently provided for considering as representative indicators of stream conditions in Korea.

Die Übersicht des rechtliche Struktur über die Rechtsschutzversicherung (법무비용보험의 법적 구조의 개관 - 독일 입법례를 중심으로 -)

  • Kim, Eun-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.315-342
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    • 2013
  • Die Rechtsschutzversicherung ist als eine echte Schadenversicherung eine neue Versicherung, die $Spezialit{\ddot{a}}t$ des versichertes Risikos hat. Das bedeutet, dass der Rechtschutzversicherer nur bestimmte vertraglich vereinbarte Risiken $tr{\ddot{a}}gt$. Diese Risiken sind in den Allgemeinen Bedingungen $f{\ddot{u}}r$ die Rechtsschutzversicheurng (ARB) im Zusammenhang mit Versicherungsvertragsgesetz (VVG) ${\S}$ 125 exact beschrieben. VVG ${\S}$ 125 spricht allegemein von Leistung des Versicherers im vereinbarten versicherten Umfang. Entscheidend ist also die Vereinbarung in den ARB, welche in ${\S}$ 1 die Kostentragung $f{\ddot{u}}r$ den Versicherten als Hauptleistung des Versicherers beschrieben ist. Also in den VVG ${\S}{\S}$ 125 bis 129 gibt es keine Definition ${\ddot{u}}ber$ die Sparte der Rechtsschutzversicherung, jedoch mindestens es $w{\ddot{a}}re$ $m{\ddot{o}}glich$, diese Sparte zu definieren. Um die $k{\ddot{u}}nftige$ Produktentwicklung nicht zu hindern, $enth{\ddot{a}}lt$ die Vorschrift keine gesetzliche Definition der Rechtsschutzversicherung nach Angabe der amtlichen $Begr{\ddot{u}}ndung$. Weil in Korea die Rechtsschutzversicherung relativ neu in Versicherungsmarket ist, sind daher VVG ${\S}{\S}$ 125 ein gutes gesetzgeberisches Vorbild, um pragmatisch und auch dazu rechtswissenschaftlich zu diskutieren und diese fsetzustellen. Im Schritt von Ausdehnungen der juristischen Dienstleistung $w{\ddot{a}}re$ es $n{\ddot{o}}tig$, zu betrachten, wie Leistungsumfang des Versicherers in der Rechtsschutzversicherung erweitert werden kann. And noch dazu ist die Informationspflicht des Versicherers in Hinsicht auf Versicherungsunfall und Leistungsumfang noch weitert zu ${\ddot{u}}berlegen$, weil diese Sparte der Rechtsschutzversicherung noch professioneller als die anderen Versicherungsbereiche ist.

System and Prospects of Social Welfare Law (사회복지법의 규범체계와 과제)

  • Cheon, Kwang-Seok
    • Journal of Legislation Research
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    • no.41
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    • pp.7-42
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    • 2011
  • The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

Development of Customer Safety Model of Unsignalized Intersections on the Community Road (생활도로내 비신호교차로 이용자 안전도 모형 개발 - 서울시 생활도로내 비신호교차로를 중심으로 -)

  • Lee, Hyeong Rok;Chang, Il Joon;Lee, Soo Beom;Kim, Jang Wook
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.30 no.3D
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    • pp.205-213
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    • 2010
  • The unsignalized intersections in a community road in the city of Seoul have 3,753 traffic accidents(9%) of total 41,702 cases in 2008, not high in the occurrence rate of traffic accidents, but seem to have a quite high potential of accidents due to the unreasonable and insufficient operation of systems and facilities in the part of traffic foundations. In particular, the un-signalized intersections in a community road have an insufficient measure for safety as compared to the crossroads with signals, and there are few analysis of traffic accidents and domestic researches on the model of affecting factors. Our country also has no concept of passing priority in operating a crossroad without signals, differently from foreign countries, so the researches and safety measures for improving the safety of a crossroad without signals in a community road are urgent. Therefore, this research has developed a safety model for a crossroad without signals in a community road based on the safety image data collected through individual interviews and questionnaires for the users of unsignalized intersections in a community road, and confirmed that legal systems, road facilities, personal factors, etc. have the biggest effect on the safety of drivers. It was confirmed that the clarity of passing methods, establishment of legal systems, etc. have the biggest effect on safety in order to raise the safety of unsignalized intersections in a community road, which drivers desire.

A study on the types of real money trade of game items and limited point of MMORPG (MMORPG의 게임 아이템 현금거래 유형과 한계점 연구)

  • Lim, Ha-Na
    • Journal of Korea Game Society
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    • v.9 no.1
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    • pp.33-41
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    • 2009
  • In this paper we tried to figure out the types of real money trade of game items, and in order to study it we examined the Leveling System of MMORPG which is a perfect competitive market and how the closed structure of the game economy emits real money trade. The over production of the MMORPG's leveling system which is a perfect competitive market increases the amount of currency in circulation and then induces arbitrage due to mudfalation inside the game. In order to improve this problem, there are three methods of resolutions. The first is stabling the game economy by spontaneous order among the game users, but this is much local than the artificial order which takes a long time and evokes discrepance in MMORPG competitive characteristic. Secondly, legislational regulations from the government could improve the problem, but this method doesn't grant information or services as non-material labor in which it couldn't follow up the developing speed of the game market. Finally, delicate modulation among game items by the designer isn't possible to constrain them, and there is a limited reason that it couldn't control the increase of currency which is the main factor of arbitrage.

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Problem and Improvement Plan of Existing Fire Examination and Investigation System (현행 화재조사 및 수사체계의 문제점과 개선방안)

  • Kim, Hyung-Doo
    • Fire Science and Engineering
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    • v.21 no.1 s.65
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    • pp.37-50
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    • 2007
  • A primary task of fire department is maintaining public safety, system maintenance and welfare improvement by protecting life, body and property of a people through prevent and extinguish of the fire in emergency. Rescue part of those affairs has supported by the people but affairs related to the fire examination and investigation could not get it. Although fire examination is a very important part of fire department administration, it has been understood indifferently due to lack of awareness and concern. There are no scientific fire examination because of lacking education study and the whole responsibility capacity about it. There are many things have to be improved at fire examination and investigation system in Korea. Especially, establishment of the whole responsibility post is urgent through assuring professionals to improve accuracy of fire examination and investigation. Equipment which can do scientific fire examination and investigation have to be fully furnished. Efficiency of fire examination and investigation has to be increased through improving law related to fire examination and investigation, giving rescuers investigation right. Through this, it systematically have to be good for fire prevent.

The Legal Problems and Improvement in the Performance Based Design of Fire-fighting (성능위주소방설계의 법적문제 및 개선방안)

  • Yi, Jong-Yeong;Baek, Ok-Sun
    • Fire Science and Engineering
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    • v.24 no.1
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    • pp.54-63
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    • 2010
  • The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.

Zoning by Natural Disaster and Practical Application (풍수해관리구역의 설정과 활용 방안)

  • Song, Juil;Yoo, Jae-hwan;Jang, Moon-yup;Kim, Han-tae
    • Proceedings of the Korea Water Resources Association Conference
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    • 2015.05a
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    • pp.258-258
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    • 2015
  • 풍수해저감종합계획은 해당 지역의 풍수해 위험요인을 종합적으로 조사 분석하여 피해예방 및 저감을 위한 각종 구조적 대책과 비구조적 대책을 종합적으로 제시하는 방재분야 최상위 종합 계획이다. 풍수해저감종합계획은 자연재해대책법 제16조, 같은 법 시행령 제14조, 같은 법 시행 규칙 제4조의4에 따라 특별시 광역시 특별자치시 특별자치도 및 시 군에서 수립하고 있다. 또한 자연재해대책법 제16조 6항에서는 광역도시계획, 도시 군기본계획 및 도시 군관리계획의 수립 변경권자가 광역도시계획, 도시 군기본계획 및 도시 군관리계획을 수립하거나 변경하는 경우에는 시 군, 시 도 풍수해저감종합계획을 반영하도록하고 있다. 그러나 시설물 위주의 저감대책, 풍수해위험지구 정보의 한계, 풍수해위험지구의 자연재해위험개선지구 지정으로 인한 개별사업에 의한 재해저감 대책 수립 등의 이유로 현실적으로 반영이 잘 되지 못하고 있는 실정이다. 실제 경기도 도시기본계획의 방재 및 안전계획 부분의 풍수해저감종합계획과의 연계를 검토한 결과 대부분의 지자체가 방재대책과 관련하여서는 원론적인 측면에서만 언급하고 있는 것으로 나타났다. 본 연구에서는 풍수해저감종합계획의 도시계획에서의 활용도를 높이고자 하천, 내수, 사면, 바람, 해안재해 등 재해유형별로 풍수해의 직접적 발생과 풍수해 발생에 영향을 주는 공간적 영역, 개발 상태, 개발예정 등 토지이용현황 및 계획 등을 고려하여 풍수해중점관리구역, 풍수해선제관리구역, 풍수해전략관리구역으로 구분하여 설정하는 방법론과 활용방안을 제시하고자 하였다. 또한 도시계획 수립 시 풍수해관리구역을 어떻게 활용할 것인지에 대한 방안을 제시하였다. 향후 풍수해관리구역 지정과 관련한 법제도 및 지침 등이 마련된다면 풍수해관리구역은 풍수해저감을 위한 토지이용 및 기반시설, 건축물 제한 등 도시계획적 대책 마련에 적극적으로 활용될 수 있을 것으로 판단된다.

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Amendment Research of Safety Standard of Urban Railroad Vehicle for LRT (경전철 차량 안전기준 적용을 위한 개정 연구)

  • Hong, Jai-Sung;Lee, An-Ho;Cho, Bong-Kwan;Cho, Hong-Shik
    • Proceedings of the KSR Conference
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    • 2008.11b
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    • pp.441-445
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    • 2008
  • LRT is eco-friendly transportation system and can be constructed at less than half cost of subway. Therefore many local governments have planned to construct a various type of LRT and some of them were already under construction. In Para. 2 of Art. 22 of the "Enforcement Decree of Urban Railroad Act" - safety standard of urban railroad vehicle, It can't be operated if "structures and devices" don't come up to standard required to safety operation. Constructor or operator should give an order or operate according to safety standard in Art. 3 of the Safety Standard of Urban Railroad Vehicle. Safety Standard of Urban Railroad Vehicle of 2000 was reformed once to tighten fire safety standard in 2004 after subway accident in Daegue. It was entirely made for medium and large-sized electric motor car. LRT, based on driverless operation and articulated bogie, has different safety standard in signalling devices and the axle load. etc. So many institutes related LRT have required to amend. In this paper, we described features of LRT vehicle and necessity of amendment and discussed how it should be amended.

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