• Title/Summary/Keyword: 법제화

Search Result 345, Processing Time 0.031 seconds

A Reconsideration of the List of National Endemic Plants (appendix 4-1) Under the Creation and Furtherance of Arboretums Act Proposed by Korea Forest Service (산림청 수목원 조성 및 진흥에 관한 법률의 특산식물 목록의 재고)

  • Park, Soo Kyung;Gil, Hee-Young;Kim, Hui;Chang, Chin-Sung
    • Journal of Korean Society of Forest Science
    • /
    • v.102 no.1
    • /
    • pp.38-58
    • /
    • 2013
  • The existence of endemism in many parts of the world is an important factor for conservationists. Conservation can only be carried out under national legislation, and national endemics, which have very limited ranges, fully depend on the effort and success of conservation. A total of 523 vascular plant taxa were listed in the latest national checklist by Ministry of Environment in 2005, while the 'Creation and Furtherance of Arboretums Act' including a national endemic list (appendix 4-1) was established by Korea Forest Service and was legislated as a law in late 2011. This legislation by Korea Forest Service on endemism of Korean vascular plants have required much attention because of discrepancies of nomenclature, taxonomic bias and inflation. Examining data for both lists proposed by Ministry of Environment and Korea Forest Service, of the total of 360 legislated taxa, around 286 taxa are shared with the list of Ministry of Environment, of which about 80% have been found as common taxa. Around 67(18.7%) are typographic errors, and 14 taxa (3.9%) are recorded as illegitimate and invalidly published names. Through this analysis 12 taxa (3.4%) were found in China as well as in Korea and these are thought to be non Korean endemic taxa. Taken together, the legislated list displayed 1/4 (24.9%) errors out of the total list. Only 59 taxa (16.5%) are identified as national endemic species. The remainder are either unresolved candidates (73 taxa, 20.4%) or synonyms (196 taxa, 54.7%) status. It must be noted, that the concept of endemism very much depends on the knowledge of the species concept, taxonomic bias and geographical range of a species. Also, the most major nomenclatural problem tend to be more stable if the information on database about Korea Plant Name, which is managed by Korea National Arboretum are well updated year to year. These exaggerated numbers underscore the urgency for regional conservation planning and implementing effective strategies to preserve these real endemic taxa into the future.

A Legal Study on the Certificate System for Light Sports Aircraft Repairman (경량항공기 정비사 자격증명제도에 관한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won;Lee, Gi-Myung
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.33 no.1
    • /
    • pp.175-204
    • /
    • 2018
  • Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

A Study on the Legislative Conception of Terror of the Advanced European Nations (유럽 선진국의 법제적 테러 개념에 관한 고찰)

  • Kwon, Jeong-Hun;Kim, Tae-Hwan
    • Korean Security Journal
    • /
    • no.15
    • /
    • pp.29-50
    • /
    • 2008
  • Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

  • PDF

Optimum Capacity of Retention Basin for Treating Nonpoint Pollutants and Its Removal Efficiency in Industrial Complex Areas (산업단지내 비점오염물질 처리를 위한 적정 저류조 용량 산정 및 처리효율)

  • Kim, Lee-Hyung;Lee, Byung-sik;Kwon, Soo-Youl
    • Journal of Wetlands Research
    • /
    • v.7 no.3
    • /
    • pp.75-85
    • /
    • 2005
  • The Construction of industrial complex areas means the increase of imperviousness rate and the increase of nonpoint pollutant emissions during a rainfall. Generally the retention basin can become the alternative for removing and controling these nonpoint pollutants. Recently Ministry of Environment are trying to change the purpose of retention basins from flooding control to nonpoint pollutant control. In order to propel the stormwater management program, administration plan of stormwater management is enacted in Spring, 2005. Hereafter, in a newly developing area, the best management practices should be established to control the nonpoint pollutant. Landuses of the research area are classified to the categories of the 1st manufacturing industry, metal industry, fiber and chemical product manufacturing industry, etc. Therefore, this research was performed to understand washed-off characteristics of stormwater and to suggest the controling method of nonpoint pollutants. The optimum capacity of the retention basin can be determined by analyzing the relationships among data of rainfall, runoff, washed-off pollutants from the areas. The rainfall analysis using the data of normal year, recent 2, 5 and 10 years shows that the 80% rainfall frequency was occurred on 10mm accumulated rainfall, but which is not considered the first flush effect. However, by considering the first flush effect, the appropriate treatment capacity of rainfall can be decreased to 4-5mm accumulated rainfall. Using the criteria, the optimum capacity of retention basin is determined to $12,000m^3$ in the research area. The washed-off nonpoint pollutant loading from the areas have beeb calculated to 435ton/yr for TSS, 238ton/yr for COD, 8,518kg/yr for TKN and 1,816kg/yr for TP. The mass of 78.3ton/yr for TSS, 20.4ton/yr for BOD, 128.6ton/yr for COD, 4.6ton/yr for TKN and 980kg/yr for TP can be reduced by constructing the retention basin. The sediment accumulation rate is also calculated by $6.53kg/m^2-hr$.

  • PDF

Management Policy Directions for Sustainable Management of the Uninhabited Islands of Korea (무인도서의 지속가능한 관리를 위한 기본 정책방향)

  • Nam, Jung-Ho;Kang, Dae-Seok
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.8 no.4
    • /
    • pp.227-235
    • /
    • 2005
  • This study aimed at suggesting management policy directions for the uninhabited islands of Korea which are national land resources with economic potential for tourism and development and strategic value for boundary delineation of territorial waters and exclusive economic zone as well as their unique ecological status. Review of existing management arrangements related to the uninhabited islands revealed six management issues to be addressed: insufficient data and their low reliability, lack of management policy directions, increase in ecosystem deterioration and perturbation by human activities, lack of policy measures for meeting utilization and development demands, weak management base with insufficient personnel and budget, and legal measures not taking Into account their unique ecological and socioeconomic characteristics. The management policy directions to improve the management of the uninhabited islands of Korea include management directions and strategies, and suggestions for legal improvement. Considering the unique ecological value of the uninhabited islands, management directions suggested are anti-degradation in which current and future demands for their utilization and development do not degrade the ecological potential of the uninhabited islands and integration in which land and sea areas are managed as an integrated management unit. Four strategies proposed to follow the management directions are enhancement of the knowledge base through a comprehensive survey, development and legislation of guidelines for the rational management of utilization and development demands, establishment of the comprehensive island debris collection and disposal system, and enhancement of management capacity. Legal improvement for the effective implementation of the management policy directions should include comprehensive uninhabited islands survey, legal utilization restraints and management guidelines based on classification of the islands, management boundary, and improvement of regulations on designated islands.

  • PDF

A Survey for Changed Control Policies of Hepatitis B in Republic of Korea (우리나라의 B형 간염 조절 정책의 변화에 대한 조사)

  • Han, Ji Yoon;Jung, Tae Woong;Koh, Dae Kyun;Kim, Jong Hyun
    • Pediatric Infection and Vaccine
    • /
    • v.18 no.2
    • /
    • pp.124-134
    • /
    • 2011
  • Purpose : We have tried to search all concerning data on the policies of hepatitis B vaccination or surveillance of medical equipments that can transmit blood mediated diseases, including disposable syringe, in Republic of Korea, to propose references to other medical professionals. Methods : Data from domestic journals, government websites, computerized newspapers, etc. were reviewed. The data were arranged into four categories (governmental policies on hepatitis B control, hepatitis B mass immunization program in school, using process of hepatitis B vaccine, and policies on medical equipments surveillance, including disposable syringes, which is considered as source of blood mediated infection), and the periodic changes on each subjects in policies were reviewed. Results : Due to growing social concerns on hepatitis B in early 1980s, swift introduction and production of hepatitis B vaccine was made. After establishment of "5 year project for eradication of hepatitis B" in late 1983, number of vaccinated population jumped up to 6 million within 2 years (1984-85). However, since the immunization targets were mainly adult, not infant, this project was annulled in late 1985. Following this project, hepatitis B mass immunization program in school was carried out. In year 1995, hepatitis B vaccine was included in national immunization program. The use of disposable syringe was recommended from year 1980 but legislated in year 1985, finally. Conclusion : The mainstay in controlling hepatitis B in Republic of Korea was coordination of prompt introduction of vaccine, mass immunization, high vaccination coverage rate, or use of disposable syringes. However, since there is lack of official data available, it is urgent to arrange and computerize all government data related to infectious diseases.

Confucians Funeral Rituals during the mid-Joseon Dynasty Lee Mun Geon'Mourning beside His Mother's Grave (이문건 시묘살이를 통해 본 조선중기 유자(儒者)의 상례(喪禮) 고찰)

  • Cho, Eun-suk
    • Journal of Korean Classical Literature and Education
    • /
    • no.33
    • /
    • pp.153-184
    • /
    • 2016
  • This study investigates the funeral rituals practiced by the Joseon Dynasty as recorded about Lee Mun Geon (1494~1567, a.k.a Mukjae), who mourned by the grave of his deceased mother, Ms. Shin (1463~1535), a woman whose family's origin was Goryeon. The study focuse on the rituals performed by Lee after his mother's death, his participation in the funeral, and his mourning specifically as an individual who has lost his parent. Reviewing Lee's mourning life beside the grave, the contents of diary belonging to a nobleman in the middle of Joseon Dynasty were studied aimsing to find out the meaning of rituals, the overall recognition accorded to death, and the filial duties that were carried out by the noblemen of the time. Although noblemen in the middle of Joseon Dynasty ceaselessly attempted to change the observance of funeral rituals through legislation, it was difficult to change the mindset of the people, who fllowed the deep-rooted traditions of long history. It must be acknowledged that the Joseon Dynasty had a different cultural background than that of China. There was a fundamental problem when they tried to adapt The Family Rituals of Zhu Xi, followed by the Chinese, to the Joseon society. Although The Family Rituals of Zhu Xi emphasized ancestral rites focusing on enshrining mortuary tablets and the importance of establishing the family shrine hundred times, noblemen in the mid-Joseon Dynasty period cared for their parents in the grave by mourning for them than by following such practice. The solemn memorial service held in front of the grave, and the annual ritual service on the death anniversary were far more important to the noblemen in the mid-Joseon Dynasty. Amid such contradictions, the noblemen accepted and performed the mourning rituals beside the grave of their parent. Human beings across the ages have always dwelt upon thoughts of the afterlife. Most people believe that they attain a state after the death of their physicalbody. If humans did not have such thoughts, they would not be bothered if death occurs on being hit by a car on the street. Thus, human beings often think of the ritual services related to death, although in different forms. Therefore, mourning by the grave of their parent held great significance among the noblemen of the Joseon Dynasty as a sign of their filial piety.

The Fourth Industrial Revolution and Labor Relations : Labor-management Conflict Issues and Union Strategies in Western Advanced Countries (4차 산업혁명과 노사관계 : 노사갈등 이슈와 서구 노조들의 대응전략을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
    • /
    • v.25 no.2
    • /
    • pp.429-446
    • /
    • 2018
  • The $4^{th}$ Industrial Revolution, symbolizing the explosive innovation of digital technologies, is expected to have a great impact on labor relations and produce a lot of contested issues. The labor-management issues, created by the $4^{th}$ Industrial Revolution, are as follows: (1) employment restructuring, job re-allocation, and skill-reformation, driven by the technological displacement, resetting of worker-machine relationship, and negotiation on labor intensity and autonomy, (2) the legislation of institutional protection for the digital dependent self-employed, derived from the proliferation of platform-mediated labor, and the statutory recognition of their 'workerness', (3) unemployment safety net, income guarantee, and skill formation assistance for precarious workeforce, (4) the protection of worker privacy from workplace surveillance, (5) protecting labor rights of the digital dependent self-employed and prcarious workers and guaranteeing their unionization and collective bargaining. In comparing how labor unions in Western countries have responded to the $4^{th}$ Industrial Revolution, German unions have showed a strategic approach of policy formation toward digital technological innovations by effectively building and utilizing diverse channel of social dialogue and collective bargaining, while those in the US and UK have adopted the traditional approach of organizing and protesting in attempting to protect the interest of platform-mediated workers (i.e. Uber drivers). In light of the best practice demonstrated by German unions, it is necessary to build the process of productive policy consultation among three parties- the government, employers, and labor unions - at multi levels (i.e. workplace, sectoral and national levels), in order to prevent the destructive damage as well as labor-management confrotation, caused by digital technological innovations. In such policy consultation procesess, moreover, the inclusive and integrated approach is required to tackle with diverse problems, derived from the $4^{th}$ Industrial Revolution, in a holistic manner.

Appraisal or Re-Appraisal of the Japanese Colonial Archives and the Colonial City Planing Archives in Korea: Theoretical Issues and Practice (일제시기 총독부 기록과 도시계획 기록의 평가 혹은 재평가 - 이론적 쟁점과 평가의 실제 -)

  • Lee, Sang-Min
    • The Korean Journal of Archival Studies
    • /
    • no.14
    • /
    • pp.3-51
    • /
    • 2006
  • In this paper, I applied known theories of appraisal and re-appraisal to the Japanese Colonial Archives and the Colonial City Planing Archives in Korea. The purpose of this application to some of sample archives was to develop a useful and effective approach to appraise the archives which were not appraised before they were determined to be "permanent" archives by the Japanese colonial officials. The colonial archives have lost their context and "chain of custody." A large portion of their volume also disappeared. Only thirty thousands volumes survived. The appraisal theories and related issues applied to and tested on these archives are; "original natures" of archives defined by Sir. Hillary Jenkinson, Schellenburg's information value appraisal theory, the re-appraisal theory based on economy of preservation and prospect for use of the archives, function-based appraisal theory and documentation theory, the special nature of the archives as unique, old and rare colonial archives, the intrinsic value of the archives, especially the city planing maps and drawings, and finally, the determination of the city planing archives as permanent archives according to the contemporary and modern disposal authority. The colonial archives tested were not naturally self-proven authentic and trustworthy records as many other archives are. They lost their chain of custody and they do not guarantee the authenticity and sincerity of the producers. They need to be examined and reviewed critically before they are used as historical evidence or any material which documented the contemporary society. Rapport's re-appraisal theory simply does not fit into these rare historical archives. The colonial archives have intrinsic values. Though these archives represent some aspects of the colonial society, they can not document the colonial society since they are just survived remains or a little part of the whole archives created. The functions and the structure of the Government General of Korea(朝鮮總督府) were not fully studied yet and hardly can be used to determine the archival values of the archives created in some parts of the colonial apparatus. The actual appraisal methods proved to be effective in the case of colonial archives was Schellenburg's information value appraisal theory. The contextual and content information of the colonial archives were analysed and reconstructed. The appraisal works also resulted in full descriptions of the colonial archives which were never described before in terms of archival principles.

Compensation Criteria for Investigation Services and Strengthening Normative Force Plans for Detailed Qualification Criteria for Examination of Archaeological Heritage (매장문화재 조사용역 대가기준과 적격심사 세부기준 제도의 규범력 강화 방안)

  • Choi, Min-jeong
    • Korean Journal of Heritage: History & Science
    • /
    • v.52 no.2
    • /
    • pp.240-253
    • /
    • 2019
  • Archaeological heritages are precious cultural relics and public assets that must be preserved, conserved, and shared with people all over the world. Investigating archaeological heritage is valuable and plays an important role for the public good; our ancestors' cultures can be restored, and it helps with developing a clear understanding of the cultural and social aspects of a historical period as well as teaches about historical factors unreported in the literature. One of the most basic and important conditions necessary for recognizing the value and importance of archaeological heritage investigation, expertise, and quality improvement is to establish detailed criteria for investigation services and the qualification examination of archaeological heritage. Observation of detailed criteria and the qualification examination of archaeological heritage can partially demonstrate society's recognition of strengthening transparency, public property, and the objectivity of the investigation of archaeological heritage. However, the detailed criteria for investigation services and the qualification examination of archaeological heritage currently implemented as administrative rules are neither followed by all institutes in the public and private sectors nor the government. Thus, there are serious problems in terms of the effectiveness and stability of institutions. The detailed criteria for the qualification examination breach the principle of statutory reservation, the principle of statutory regulation, and regulations on the announcement and management of orders and rules. Non-compliance with compensation criteria for investigation services or with detailed criteria for the qualification examination of archaeological heritage will be one of the reasons for the failure of the investigation foundation for archaeological heritage in the future. That is, it will result in the expansion, reproduction, and repetition of a vicious cycle of conflict between developers, who are the decision-makers responsible for selecting an investigating organization for archaeological heritage and determining the cost, and investigating organizations. This includes the impractical shortening of investigation periods and reducing costs by developers, distrust of the values and the importance of investigations of archaeological heritage, a decrease in quality, accidents caused by a lack of safety, a lack of occupational ethics, and non-recruitment of new experts, etc. Therefore, it is necessary to change the structure from a vicious cycle to a virtuous cycle, and promote the enactment of regulations that will ensure effectiveness and stability in the process of attaining the goals of the institution and application of the institution, as well as the continuous advancement of work to fill the gaps with reality.