• Title/Summary/Keyword: 법제비교연구

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Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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Developing a Model for Crime Prevention Hardware Performance Test and Certification System (방범하드웨어의 침입범죄 저항성능 시험·인증 체계에 관한 모형 연구)

  • Park, Hyeon-ho
    • Korean Security Journal
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    • no.36
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    • pp.255-292
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    • 2013
  • Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. It is one of the most common types of crime and also a serious issue for every society. A house that is left insecure is an accessible and attractive target for burglars and therefore burglary resistance test & certification system for doors and windows has been developed in many countries. This paper explores several advanced foreign burglary resistance test/certifcation cases (the British SBD, the Dutch KOMO SKH/SKG, the Japanese CP mark, the Australian Standard Certification) for security products and domestic test/certification systems for fire safety products as a comparative study so that any improvement points can be gained for South Korea in the field of security product performance. The comparative analysis results show that South Korea is far behind the security product certification system and needs a lot of improvement in the system by benchmarking foreign cases. The domestic test/certification systems for fire safety products also give some insights for burglary-related security products' performance certification system in Korea. Overall, the need for relevant rules and regulations, the establishment of standards regarding testing and certification, including certified security +hardware product in building security certification system, performance testing as well as production testing (i.e. quality management system evaluation), the basic competency of testers, incentive system for certified/high quality security products were suggested in order to make an optimal model for the security production performance testing and certification system in Korea.

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A Legal and Institutional Study on the Activation of Marine Salvage (해양구난 활성화를 위한 법제도적 연구)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.4
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    • pp.336-344
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    • 2012
  • It is very important to salvage the vessel and seafarer rapidly and efficiently when maritime accident occurred, as maritime accident has a bad effect on vessel, seafarer and shipping industry as well as the whole community itself. Especially, marine salvage in relation to the accident involving huge marine pollution and loss of life will be regarded as a more important process because the accident would result more severe damages. However, domestic marine salvage forces are weaker than other country's, and private marine salvage company has poor technical and commercial base even though the Korea Coast Guard and Navy have relatively more modernized equipments and squad. Thus, it is very important to promote marine salvage operation capacity because it is related with the national security as well as the national economy. In this regard, this study examines the promoting method of marine salvage including its public and private section from the perspectives of law and systemic revision.

Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

A Study on National Environmental Assessment System Using GIS and Least Indicator Approach (GIS와 최소지표법을 이용한 국토환경성평가에 관한 연구)

  • Lee Chong-Soo;Jeon Seong-Woo;Lee Woo-Kyun
    • Proceedings of the KSRS Conference
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    • 2006.03a
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    • pp.236-239
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    • 2006
  • 사전 예방적 국토환경정책을 수립하기 위해서는 국토환경관리를 위한 구체적인 수단과 도구로서의 기본 틀이 필요하다. 다매체적이며 동태적인 환경정보의 특성을 반영한 법제적 항목 56개, 환경생태적 항목 11개를 사용하여 최소지표법에 의한 평가를 실시하였다. 평가 결과 환경적 가치가 높은 1등급 지역이 우리나라 전체 면적의 45.74%, 2등급 23.74%, 3등급 17.47%, 4등급 6.05%, 5등급 6.68%로 도출되었다. 평가 결과의 적정성을 검토하기 위하여 행정자치부의 지목통계 자료와 비교한 결과 보전지역과 개발지역의 비율이 적절하게 평가된 것으로 나타났다.

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A Study on the Consideration of the law and system improvement about the IMO RSE Analysis (IMO RSE 분석과 우리나라 법제도의 고찰)

  • Lee, HyeJin;Park, Han-Seon
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2020.11a
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    • pp.143-144
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    • 2020
  • 자율운항선박의 등장으로 국제해사기구는 기존 IMO 협약의 개정사항 식별이나 관련 국제협약의 통일해석과 제개정이 필요한 사항을 논의하고 있다. 제105차 법률위원회에서는 MASS 규정식별(RSE) 작업에 대하여 2022년 완료를 목표로 제106차 법률위원회부터 논의하기로 결정한 바 있다. 이와 관련하여 MSC RSE 작업결과와 방법론 개발을 통하여 자율등급, 방법론, 협약리스트, 작업계획 등을 확정할 계획이다. 우리나라에서는 헌법 제6조의 규정에 따라 국제법규는 국내법과 동일한 효력을 가지고 IMO 회원국감사제도에서 회원국이 국제협약을 국내법으로 수용하여 이행하고 있는지를 감사하고 있기에 국제협약이 국내법으로 수용하는 작업이 얼마나 중요한지를 알 수 있다. 이번 연구에서는 IMO 국제협약 RSE 작업을 기반으로 자율운항선박의 자율화 정도구분 및 기술발전단계에 다라 개정소요가 필요한 국내법을 식별하고 비교·분석하여 자율운항선박이 상용화되기 위한 새로운 법안 마련의 필요성을 제시하였다.

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A Study on the Improvement of the Legal System on the Punishment of Drunk Driving (음주운전 처벌에 관한 법제도 개선방안 연구)

  • Ryu, Yeon Gyeong;Kim, Min-hee
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2022.01a
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    • pp.177-178
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    • 2022
  • "윤창호법" 시행 이후 음주운전이 크게 줄지 않았을 뿐 아니라 최근에는 다시 증가하는 추세를 보인다. 이에 본 논문에서는 우리나라와 일본의 음주운전 법적 기준 및 법정 형량, 등을 비교·분석하여 시사점을 제시하였다. 현재 음주운전 사상사고가 지속해서 발생하고 있고, 아직도 음주운전의 처벌이 강하지 않다는 인식이 크다. 이에 해외 사례 등을 참고하여 우리나라 현실에 부합하는 새로운 대안을 마련하고자 하며, 나아가 미래 자동차 디지털화 시대에 맞춰 변화될 법 제도의 올바른 방향에 대하여 고찰하고자 한다.

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Current Trends in the U.S. Cybersecurity Laws (미국 사이버보안법의 최근 동향 - 「사이버보안 정보공유법」을 중심으로 하여 -)

  • Yang, Chun-Soo;Jee, Yu-Mi
    • Journal of Legislation Research
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    • no.54
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    • pp.155-192
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    • 2018
  • As the 'hyper-connected society' has emerged through the 'Fourth Industrial Revolution, public interests as well as social dangers have increased. Above all, the risk of infringement of information, including confidential personal information, is dramatically increasing. As the hyper-connected society has been realized, even if only one of the internet devices is hacked, there would be a danger that the ripple effect of such a hacking spreads to the whole network. Therefore, the necessity and importance of information security, including cybersecurity, has been increasing. In other words, the stability of cyberspace and internet space is becoming more important. As a result, the Korean government is seeking to build a legal system related to information security, which would be able to cope with the information infringement problem in the hyper-connected society. However, it seems that the government is still struggling with the direction of building such a legal system. In this context, a comparative review examining the legal systems of advanced foreign countries will provide meaningful implications as to what kinds of legal policies we should devise and implement for information security. In particular, the U.S. legislative act that actively responds to the cybersecurity violations is worthy of reference. For this reason, this article systematically analyzes the current status of the U.S. cybersecurity laws. Especially, this article focuses on the "Cybersecurity Information Sharing Act of 2015"(hereinafter "CISA"), that was recently enacted by the U.S. congress. The CISA prescribes the systemic and detailed information-sharing between national and private entities. The CISA, that actively promotes information-sharing, is full of suggestions for us, in that information-sharing is an effective way to properly realize information security in today's hyper-connected society.

Supporting Policy for GeoSpatial Information Convergence Industry by Comparing Laws about Convergence Industry (융합산업 관련 법제도 비교를 통한 공간정보융합산업 지원방안)

  • Song, Ki Sung;Woo, Hee Sook;Kim, Byung Guk;Hwang, Jeong Rae
    • Spatial Information Research
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    • v.23 no.6
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    • pp.9-17
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    • 2015
  • The convergence industry is a combination of technologies or industries of the same type or various types, thereby maintaining and/or expanding the existing values or creating fresh values. As the industry is drawing greater attention over the world, each country is making huge efforts to provide support for it. GeoSpatial Information is a representative convergence industry characterized by being utilized as a basis for other industrial fields by being linked and fused with other industries and technologies. It is well recognized as being a promising industry that will likely lead the national economy in the future. GeoSpatial Information is necessary to analyze the distinctive features and obstacle factors of the convergence industry. Because it will be able to induce a smooth convergence among different industries. In this paper, we has segmented the support elements through a comparative analysis of the legal system related to (Nano Technology, Information and Communication Technology, Culture Technology, etc)the convergence industry. Based on this proposed policy support for GeoSpatial Information Convergence industry. We expect that this study will be used as basic data of the policy established to effectively support for the GeoSpatial Information convergence industry.

Discussions on Regulation and Use of Police Drones (경찰활동상 드론규제와 활용을 위한 논의)

  • Park, Han-Ho;Kim, Sung-Hwan
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.408-415
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    • 2017
  • The aim of this study is to discuss some of the prominent ideas which use drone for police works. Focusing on the extent of the utility and practicability of using drone in policing, this paper attempts to address both positive and negative aspects in conjunction with related statutes and regulations. This study uses a qualitative case study approach and offers three practical implications including: (1) enacting a law that covers using drones in policing, (2) hiring technical professionals or training police officers to prevent illegal drones and to implement a variety of policing strategies, and (3) collecting data and information on crime and criminals and then developing the best way to respond to these problems.