• Title/Summary/Keyword: 법제도개선

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A Study on Improvement of Legal System for Harmful Chemical Substance Response Management System (유해화학물질 대응시스템 적용을 위한 제도 개선 연구)

  • Oak, Young-Suk;Lee, Young-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.4
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    • pp.216-223
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    • 2017
  • Chemicals are an indispensable element of modern society to the extent that more than 15 million species are commercially available worldwide. However, among them are chemicals whose toxicityposes a threat to public health and the environment, as illustrated by past cases of chemical accidents, which revealed their danger to human life. Chemical accidents can spread and cause huge damage in a short time because of their characteristics. Therefore, it is important to do as much as possible to prevent them in advance and to respond promptly after an accident. The legal system pertaining to domestic chemical substances is the "Toxic Chemical Control Act", which is made up of the "Act on the Registration and Evaluation of Chemicals" and the "Chemical Control Act" since 2015. Under this law, the Comprehensive Chemical Information System and Chemical Substance Data Processing system were established and are still operating;however, chemical accidents are still occurring. These systems are comprehensive information systems aimed at providing chemical information rather than acting as chemical response systems, which has limited the effectiveness of accident response. This study is intended to analyze the information management systems, response management systems and the basis of chemical substance management support for hazardous chemicals and suggest ways to improve the legal system for developing and operating chemical response systemswithin a municipality.

Study to Improve the Legal System to Reduce Marine Accidents caused by Marine Plastic Litter (해양 플라스틱 쓰레기에 의한 부유물 감김 해양사고 저감 정책방안 연구 - 법제도 측면 개선 중심으로 -)

  • Lee, Hye-Jin;Kim, Bo-Ram
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.967-976
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    • 2021
  • Over the last ten years, the number of entanglement marine accidents has increased more than other accident types. This study analyzed the annual statistical report of marine accidents from the Korea Maritime Safety Tribunal and Korea Coast Guard. Despite some discrepancies between data of the two organizations, it was found that marine accidents involving fishing vessels were more prevalent than those involving non-fishing vessels. In addition, the main floating materials that caused wounded entanglement accidents were fishing nets, fishing gear, and ropes, and the proportion of them was high. Foreign and domestic policies on marine plastics recognize most marine plastics as marine environmental hazards and focus on marine litter recovery and the prevention of marine pollution. The representative Acts related to the marine environment and marine litter, the Marine Environment Management Act and the Marine Waste and Sediments Management Act, recognize marine litter as a type of marine waste, and deal with the types and definition of this waste. However, clearly defining marine waste is difficult. Therefore, this study tried to examine the relevant legal system of marine litter on ship operation and suggested improvement measures. Moreover, the definition of marine litter for the safe navigation and operation of ships was clearly proposed.

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.

Reformation of Legislation and System for Improving Seoul Metropolitan Railway Transfer Center and Connection Transportation Facility (수도권 광역철도역 환승센터 및 연계시설확충을 위한 법제도 개선방안)

  • Kim, Si Gon;Kim, Ji Yeon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.1
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    • pp.119-124
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    • 2017
  • In this paper, 18 railway stations in Gyunggi-do are selected as metropolitan transfer centers out of 203 stations based on three elements. They are the number of passengers, the level of connection transport, and the level of relevant plans. For 18 stations the level of service (LOS) is analyzed for connection transport system. As a result, half of them are found to be below LOS "D". In order to maximize the use of those railway stations, a method is proposed to upgrade the level of service to "C" above. Finally, the improvement plans are suggested for two acts. In the Special Act on Metropolitan Traffic Management of the Metropolitan Region, the central government financial support ratio is suggested from 30% to 50%, from "necessary costs" to "total costs." In the Act on National Integrated Transport System Efficiency, 50% for connection road and 70% for connection raiway are suggested.

The Characteristics of Traffic Accidents and Reduction Methods by Elderly Drivers to Prepare for the Aging Society -Focused on Jeju- (고령사회를 대비한 노인운전자 교통사고 특성 및 저감방안 -제주지역을 중심으로-)

  • Kim, Kyung-Bum
    • The Journal of the Korea Contents Association
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    • v.14 no.7
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    • pp.151-160
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    • 2014
  • The purpose of this study is to deduce improvement plan through analysis of the type and characteristics of traffic accidents caused by elderly drivers, and to establish the traffic safety policies for the elderly drivers. The analyzed result of road traffic accident situation are as follows. Firstly, Traffic accidents caused by elderly drivers were frequent on local roads of poor traffic safety facilities such as lighting. Secondly, The most frequent time zone of Traffic accidents caused by elderly drivers was 18:00 to 20:00, this time zone was mainly darkened. Thirdly, Traffic accidents are often caused by lack of attention occurred by no implementation of safe driving. Institutional Improvement of cosideration for elderly drivers and Traffic Safety Facilities maintenance considering regional particularities is needed for reducing traffic accidents and the safety of our society. Their driving skills of elderly drivers should test themselves constantly, and elderly drivers must hold down driving yourself using the alternative transportation.

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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A study on the Regional Informatization Policy Implementation System in Korea (한국 지역정보화 추진체계 개선에 관한 연구: 지능정보사회의 지역균형발전을 중심으로)

  • Jin, Sang-Ki
    • Informatization Policy
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    • v.24 no.3
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    • pp.67-90
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    • 2017
  • This study is conducted to find out problems in the implementation system of regional informatization policies in Korea and solutions to enhance the effectiveness in policy execution. The study uses research methodologies such as participant observation, interview and AHP for experts and employees of public organizations for regional informatization policies. Many implications were found in the analysis, including that policy relations, structure of the policy implementation system, and environment and contents of regional informatization policiesin Korea have to be innovated and re-organized. Especially, this paper emphasizes the horizontal and cooperative relationship between the central and local governments and redesigning of the legal system on the regional informatization. This paper also shows expectations on reshaping of the regional informatization policies with the paradigm shift of the government power toward decentralization. This paper also finds diverse views on the problems and solutions for the regional informatization policy implementation system based on different characteristics and interests of policy participants. This paper finds the possibility of applying the policy network model to regional informatization policy implementation, which can be supported by Rhodes & Marsh(1992)'s theory. Therefore, this paper shows the change of regional informatization policies can be expected through application of the policy network. Although the paper draws many academic and policy implications, they are limited to the implementation system of regional informatization policies only.

A Study on the Relative Importance of the Administrative and Technical Measures for the Personal Information Protection (개인정보의 관리적·기술적 보호조치 기준의 상대적 중요도에 관한 연구)

  • Kim, Young Hee;Kook, Kwang Ho
    • The Journal of Society for e-Business Studies
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    • v.19 no.4
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    • pp.135-150
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    • 2014
  • As the collection and use of personal information increases, the accidents that abuse and leak personal information are continuously increasing. The nation has established new laws and strengthened related laws for the prevention of the mass leakage of personal information and the secondary damage due to the leaked personal information. The nation also established the guidelines that need to be implemented by the institutions handling personal information for the safety of the personal information. For the efficient implementation of guidelines under the limited time and resources, it is necessary to establish the priorities between guidelines. This paper compares the relative importance of the guidelines by AHP (Analytic Hierarchy Process) technique. We performed the analysis on two expert groups, the group of consultants working in information security consulting company and the group of information security staffs handling personal information directly in the company. We compared the differences between groups and recommended the relative importances of the guidelines.

1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

Disability-Rights Based International Cooperation: With Some References to North Korea (장애 권리 기반한 국제협력: 북한 관련하여)

  • Kim, Hyung Shik;Woo, Joo Hyung
    • 재활복지
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    • v.22 no.2
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    • pp.1-30
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    • 2018
  • This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.