• Proceedings of the Korea Water Resources Association Conference
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• 2020.06a
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• pp.76-76
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• 2020

국가 물관리일원화 이후, 지방하천 관리에 대한 지자체 역할과 권한이 커지고 있으며, 중앙정부의 물관리 수준에 부합하는 데이터관리 체계구축 및 지속적인 품질관리(Quality Control, QC)와 표준화(Standardization) 기술개발이 요구되고 있다. 지자체의 경우 기존의 행정구역별로 분산 관리해오던 물관리 시스템을 유역단위로 전환할 필요가 있으며, 국가하천 구간과 연계한 종합적인 관리가 필요한 실정이다. 서울시의 물관리 시스템은 자치구별로 산재해 있으며, 관리 주체 및 해당 변수에 따라 제공되는 정보가 다르고 하천유역 단위로 분류되어 있지 않다. 따라서, 서울시와 자치구, 중앙정부 및 관련 기관과의 연계성 있는 정보제공을 위한 데이터 플랫폼 구축 기술개발이 필요한 실정이다. 본 연구에서는, 빅데이터, AI 기술을 활용한 물정보의 품질관리 자동화 기술개발과 지속적인 유지관리 및 표준화 정보제공 시스템 구축 기능을 포함하는 서울시 통합물관리 데이터 플랫폼 구축 목표 모델을 제시하였으며, 서울시 물관리 체계와 관련하여 SWAT 분석을 통한 단계별 사업추진 로드맵을 도출하였다. 분석결과, 서울시 통합물관리 플랫폼 구축을 위해서는 유역별 수량-수질 통합 모니터링 및 모델링 기술개발, 빅데이터 기반 물 정보화 플랫폼 구축 기술개발, 지방하천 유역 거버넌스 구축 및 법제도 정비 방안 마련이 요구되며, 관련하여 주요 이슈(3대 핵심전략, 10개 단위과제)를 도출하여 관련 연구과제를 제안하였다. 마지막으로, 서울시 통합물관리 정책 실현을 위해서는 법제도 마련이 시급하며, 서울시 '통합물관리 기본조례' 제정을 통한 기반을 조성할 필요가 있음을 시사하였다. 또한, 다양한 분야 이해관계자 협의체인 '서울시 통합물관리위원회(가칭)'의 거버넌스를 구성하여 운영하는 것이 현실적이며, 한강유역관리 및 지방하천 관리와 관련한 중추적인 역할 수행과 쟁점 논의 등 합리적 합의가 가능할 것으로 기대한다.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Korean Journal of Heritage: History & Science
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• v.52 no.4
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• pp.78-103
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• 2019

The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.241-269
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• 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.

• Journal of the Korean Association of Geographic Information Studies
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• v.27 no.1
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• pp.41-51
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• 2024

If an underground accident occurs, the cause must be quickly identified and human and material damage reduced. The Underground Accident Investigation Committee is responsible for identifying the causes of accidents and preparing response plans to prevent similar accidents from occurring in the future. The law stipulates that the Underground Accident Investigation Committee can operate from a minimum of 6 months to a maximum of 9 months after an accident occurs. However, the operation schedule of the Underground Accident Investigation Committee seems difficult to cite the accident investigation report to the construction project currently in progress at the same time project. In this study, the Underground Accident Investigation Committee seeks to establish a strategy for developing technology that can shorten data collection and analysis, which previously took 3 months, to less than 1 month. As a result of the research, five areas of technology development identified, ground data collection and transmission technology, ground safety data generation technology, digital twin-based underground safety analysis and visualization technology, digital twin-based geo-ambulance construction and operation technology, and digital twin-based geo-ambulance standardization and legal system. research was able to be conducted. If the proposed technology is developed, it is expected to contribute to reducing accident scenes through faster decision making than before.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• KCID journal
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• v.21 no.1
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• pp.127-140
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• 2014

Recently drastic climate changes(e.g., extreme floods and droughts) are often taking place around the world. Even an increase in uncertainty, population, and mega cities has caused drastic changes in water recycle process. As in other countries, Korea has faced some issues relevant to water security. In response to these changes, Smart Water Grid(SWG) system combining the current water resources management with ICT (Information and Communications Technology) is considered as a new paradigm for the Korean water resources management. This study aims to explore and identify influential factors contributing to the SWG system's application to analyze the importance and role of those factors, and then to offer a policy suggestion for the successful application of the SWG system along with legislative improvements in Korea. In this study, we looked at different barriers related to the SWG application and also the complicated Korean water laws, enacted by different ministries and in order to efficiently apply the SWG system to the current Korean water resources management structures. This study employed qualitative research methods to analyze and identify the priorities of the tasks to be implemented by analyzing conditions for the SWG application, especially related to multi water sources and micro water grid, because legal and institutional measures can be more important to manage conflicts between different stakeholders once the SWG enters a phase of standardization and commercialization from its development stage.

• 정보화사회
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• s.13
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• pp.32-35
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• 1988

정보통신회선 사용제도가 대폭적으로 개선되었다. 그동안 협회가 “민간 VAN활성화 방안의 연구”, “전기통신 관계법령 정비에 관한 워크샾”. “공중전기통신사업 개정안에 대한 공청회” 등의 활동을 통해 회원사들의 요구사항을 수렴. 집약하여 체신부로 하여금 현행의 불합리한 회선사용의 제한을 완화토록 누차에 걸쳐 촉구한 결과 이번 개선조치를 얻어냈다. 이번 조치는 지난 1일 협회 법제분과위원회 석상에서 정부당국자에 의해 최초로 발표되어 회의참석자(회원사 임직원) 모두로부터 전폭적인 환영을 받았다. 특히 이제까지 그룹 VAN에만 허용하던 정보의 교환행위를 중소기업 대상 전산망 서비스분야까지 확대 허용한 점, 다중화 장치 접속 허용, 긴밀관계자 인정범위 확대 등의 내용은 업계측을 크게 고무하고 정보통신사업의 활성화를 촉진하는 획기적인 조치라는 것이 중평이다. 아울러 중소기업기본법 제2조의 기중에 관련한 확대허용 조치는 자칫 대규모 VAN업체에 대한 영세 S/W 업체들의 자본적, 기술적 예속을 가속화시킬 가능성을 잉태하고 있어 이들에 대한 육성.지원대책을 서둘러야 할 때임을 암시하고 있다. 이번 조치에 따라 체신부는 ‘89.1.1일자 시행을 목표로 공중통신사업자로 하여금 다중화장치 접속기준을 제정토록 지침을 하달한 것으로 알려졌다. 한편, 정부는 국내 정보통신사업 육성방안에 대한 연구.검토와 함께 전기통신관련법령의 전면적인 개편을 추진키 위해 이미 전문연구기관단체 등에 연구용역을 주는 등 본격적인 준비작업에 들어갔다.

• 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.

• Journal of Internet Computing and Services
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• v.16 no.4
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• pp.149-156
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• 2015

The Personal Information Protection Commission shall be established under the direct jurisdiction of the President and shall independently perform affairs under its authority. It shall be comprised of total 15 members (5 members designated by the President, 5 members elected at the National Assembly and 5 members designated by the Chief Justice of the Supreme Court), including one minister-level Chairperson and one vice-minister-level standing member. Main functions of the Personal Information Protection Commission include deliberation and resolution of major policies and improvement of ordinances and systems related to personal information protection, coordination of opinions among public institutions in regards to the management of personal information, recommendation of improvement such as suspension of infringement by a central administrative agency, a local government and a constitutional institution, and submission of annual reports on personal information protection to the National Assembly. The function and role of the Personal Information Protection Commission regulated by the current law are insufficient in terms of independence and authorities of protection agencies compared to the international standard or level of discussion. The Commission thus cannot play a sufficient role as an independent agency for efficient protection of personal information. Therefore, there is a need for law revision that revives the purpose of the establishment of the Personal Information Protection Commission.