• Title/Summary/Keyword: 법.제도적 대응방안

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Problems and Improvement of Extinctive Prescription in the Korean Civil Law (민법상 소멸시효제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2016.07a
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    • pp.147-150
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    • 2016
  • 우리 국민(國民)들의 사적(私的) 생활관계(生活關係)를 규율(規律)하는 가장 기본적(基本的)인 민법(民法)은 그동안 많은 학자(學者)와 실무가(實務家)들의 끊임없는 연구(硏究)와 판례(判例) 등(等)을 통(通)하여 상당(相當)한 발전(發展)을 거듭해 온 것이 사실(事實)이다. 그러나 민법(民法) 제정(制定) 당시(當時)와는 비교(比較)할 수 없을 정도(程度)로 많은 변화(變化)가 있었지만, 2008년(年) 개정(改正) 가족법(家族法)을 대폭(大幅) 수정(修正)하고 일반(一般) 규정(規定)은 특별(特別)한 수정(修正)이나 보완(補完)이 없이 현재(現在)에 이르고 있어 국민(國民)의 기본적(基本的)인 법률관계(法律關係)를 제대로 지원(支援) 규율(規律)하지 못하고 있는 것이 많은 문제점(問題點)으로 대두(擡頭)하고 있음은 부인(否認)할 수 없는 현실(現實)이다. 특(特)히 그 중(中)에서 쟁점(爭點) 사안(事案)마다 다양(多樣)한 논쟁(論爭)이 있던 소멸시효제도(消滅時效制度)는 1958년(年) 2월(月) 22일(日) 법률(法律) 제(第)471호(號)로 제정(制定)된 이후(以後) 몇 차례에 걸쳐 개정작업(改正作業)을 착수(着手)하였으나 국회의결(國會議決)을 통과(通過)하지 못하고 임기만료(任期滿了)로 폐기(廢棄)되었던 사례(事例)도 있었다. 하지만 계속적(繼續的)으로 미루는 것보다는 국제거래(國際去來)가 비약적(飛躍的)으로 증가(增加)하고 있는 현재(現在) 상황(狀況)을 고려(考慮)하고, 세계적(世界的)인 경제상황(經濟狀況)의 변화(變化)에 적절(適切)하게 대응(對應)하기 위(爲)하여 소멸시효체계(消滅時效體系)를 우리 현실(現實)에 맞게 제도적(制度的) 정비(整備)가 시급(時急)히 필요(必要)하다고 본다. 따라서 본(本) 논문(論文)에서는 민법(民法) 중(中)에서 매우 복잡(複雜)한 형태(形態)를 가지고 있고, 많은 문제점(問題點)을 안고 있는 소멸시효(消滅時效) 규정(規定)의 개정(改正)을 위하여 각국(各國)의 입법례(立法例)를 살펴본 후(後), 이를 토대(土臺)로 우리의 현행(現行) 민법(民法) 하(下)에서 국민(國民)의 법(法) 감정(感情)과 정서(情緖)에 맞는 가장 바람직한 입법방안(立法方案)을 제시(提示)하고자 한다.

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A Study on the Consciousness of Fare-fighting Officers for the Establishment and Pevitalization of Integrated Disaster Management System (통합재난관리체계 구축 및 활성화를 위한 소방공무원 의식조사 연구)

  • Bae, Young-Son;Koo, Won-Hoi;Shin, Ho-Joon;Baek, Min-Ho
    • Journal of the Society of Disaster Information
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    • v.10 no.1
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    • pp.151-158
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    • 2014
  • In this study, the problems in the domestic disaster management system were identified through the examination of the system, relevant implications were drawn through the present status of domestic integrated disaster management system, and the consciousness survey for the integrated disaster management system targeting fire-fighting officers in the front line of the disaster was carried out to identify the measures to improve the system. Based on the findings, the measures to establish and revitalize the integrated disaster management system was presented, and the contents of the measures are as follows. In order to establish and revitalize the integrated disaster management system, the following measures should be prepared for each item. In the organizational aspect, the coordination system between government agencies should be established properly and the relevant information should he shared and delivered smoothly. In the legal and institutional aspect, the improvement is required to prevent any miscommunications in the coordination and joint operation plan through the collaboration between government agencies should be established in consideration of characteristics of each government agency. Also, in the aspect of system, the equipment should be maintained and updated continuously in order to respond to rapidly changing disasters and the organization, laws, institutions and system should be improved systematically and harmoniously. And, the detailed measures appropriate for the characteristics of domestic disasters should be prepared through the examination of advantages and disadvantages of integrated disaster management system in advanced countries in details and the detailed plans for the establishment of integrated situation management system in relevant organizations and the unification of situation room through the establishment of efficient integrated management system should be established.

Cause Analysis and Improvement Suggestion for Flood Accident in Dorimcheon - Focused on the Tripping and Isolation Accidents (도림천에서 발생한 고립 및 실족사고의 원인분석을 통한 개선방안 도출에 관한 연구)

  • Lee, Kyung-Su;Jeon, Jong-Hyeong;Kim, Tai-Hoon;Kim, Hyunju
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.4
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    • pp.25-36
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    • 2021
  • This study analyzed the causes of flood accidents, such as isolation and lost footing accidents in Dorimcheon, to provide legal and institutional improvements. For cause analysis, Field Investigation, Stakeholder Interview, Report, manual, Law et al. Review, Analysis of water level change characteristics, automatic alarm issuance standard level analysis, and evacuation time according to river control were evaluated. Dorimcheon has the characteristics of a typical urban river, which is disadvantageous in terms of water control. In addition, the risk of flood accidents is high because the section where fatal accidents occur forms sharply curved channels. Tripping and isolation accidents occur in the floodplain watch and evacuation stage, which is the stage before the flood watch and warning is issued. Because floodplain evacuation is issued only when the water level rises to the floodplain, an immediate response according to the rainfall forecast is essential. Furthermore, considering that the rate of water level rise is up to 2.62 cm/min in Sillimgyo 3 and Gwanakdorimgyo, sufficient evacuation time is not secured after the floodplain watch is issued. Considering that fatal accidents occurred 0.46 m below the standard water level for the flood watch, complete control is very important, such as blocking the entry of rivers to prevent accidents. Based on these results, four improvement measures were suggested, and it is expected to contribute to the prevention of Tripping and Isolation Accidents occurring in rivers.

Practice and Improvement Scheme of Management of Human Resources in Korean Private Security Service Industry (한국 민간경비 인적자원 확보관리의 실태 및 개선방안)

  • Suh, Sang-Yul;Park, Jun-Seok
    • Korean Security Journal
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    • no.16
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    • pp.81-99
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    • 2008
  • Despite its legal, systematic and quantitative growth, Korean private security has not been showing satisfactory level of qualitative growth comparing to quantitative growth as it socially shocked with recent occurrence of the events and accidents. People on demand of security are making use of private security service to offset insufficient supply of security power as, especially, the incendiarism at Sungryemun last February brought out security issues for nationally important facilities and cultural assets, and other cases showed that the police would not cope with the appropriate security services under the current security system for protecting the life and property of people. For the supplementation of security power, the private security service is prevalent, but lots of service providers would not overcome its small business scale, except some large-sized security providers. There are some problem occurred as some providers employed staff who would not have the stuff for performing security service and they even committed illegal actions. Some opinions pointed out that it should come up with measures as they socially lose their credit. Therefore, this research suggests the recognition of the importance and the improvement measures of human resources management as follows. Security Service needs: 1. control of criteria for the employment/recruitment of human resources; 2. inducement of qualitative improvement of security service by ensuring excellent quality of human resources; 3. elevation of morale of organizational members with the operation of efficient promotion system; 4. introduction of professional certification system for the inflow of excellent quality of human resources.

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Increased Utilization of LTE-Maritime Networks Based on User Requirements (사용자 요구사항 기반 초고속 해상무선통신망 활용성 증대 방안에 대한 연구)

  • Sangjin JANG;Bu-Young KIM;Si-Hwan LEE;Hyo-Jeong KIM;Taehan SONG;Woo-Seong Shim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.7
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    • pp.812-818
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    • 2023
  • During the years 2016 to 2020, the Ministry of Oceans and Fisheries embarked on a strategic initiative to develop a comprehensive Korean e-navigation system, which encompassed the establishment of an 'Long Term Evolution for Maritime (LTE-M).' The primary objectives were to proactively align with international navigation standards and enhance maritime safety for small vessels, particularly fishing boats. However, limitations were identified in the utilization of this network, primarily its constrained application for specific purposes. In response to these limitations, this study delves into user-centric investigations through surveys and interviews, with the goal of expanding the horizon of network utilization. User requirements emerged as the result of study, emphasizing the need for broader network applications, a wider range of target users, diverse network utilization methods, and regulatory streamlining. The user-driven insights gleaned from this study hold the potential to inform and shape future legislative measures, fostering more versatile and inclusive LTE-M network utilization for enhanced maritime safety.

Establishment of Korea National Counter-terrorism System and Development Plan (국가대테러체제의 구축 및 발전방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.42
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    • pp.229-249
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    • 2015
  • As the post-cold war era and globalization go on, national security problems which were not traditional national security problems such as terrorism, crime, environmental disasters, economic crises, cyber-terrorism, diseases, and energy problems threat humanity and nations and demands changes. Also, with the change, the concept of "big government" has emerged as the role of nation expanded. The modern society sees every country change from small government to big government in order to realize the establishment of welfare state. A comprehensive interpretation of security is needed in order to comprehensive protection of citizens beyond outside invasion such as crime, new disaster, terrorism. In Korea, incidents such as Cheonan-Ham, Yeonpeyong-Do, foot-and-mouth disease, Ddos terrorism, pirates hostages, mad cow disease, AI are happening and the humanitarian support for North Korea and the summit of South and North Korea are at a standstill. Also, National emergency management system, comprehensive emergency management center, countrol tower, national security system, cooperation with citizens, establishment of legal and institutional system are needed. The importance of this research is on the reestablishment of new national security and emergency management system according to the comparison between the national security and counter-terrorism system of Korea and that of the United States which is a leading country in this field. Also, the establishment of national emergency management act is needed as a statute for effective function as currently various laws and administrative organizations are dispersed.

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A Study on Management and Utilization of Non-disclosure Records (비공개 기록의 관리와 활용에 관한 연구)

  • Ahn, Ji-Hyun
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.135-178
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    • 2006
  • The response of public organizations on information offerings has affirmed that the arrangement of the management of records is an important project to be implemented ahead of the enforcement of the information disclosure system. In particular, the absence or non-disclosure of information of public organizations on records containing significant information and abuse of the secret disposition of information has demonstrated that it is imperative to improve radically the management of secret or non-disclosed records as well as overall changes of awareness. This study reviewed the reality of the current non-disclosure and management of confidential records based on the awareness on such records and proposed improvement measures. The study on non-disclosed and confidential records has been discussed from legal and administrative perspectives so that the main focus has been on the institutional aspect. Yet, there is a limitation on such discussions in that there cannot be fundamental access to issues of non-disclosed and confidential records. That is because the management of information classified as non-disclosed and confidential can be improved fundamentally when all processes from the production of the records to their management are carried out reasonably. Accordingly, since our record management system is divided into three phases of the disposition division, record center, and archives and takes a management record by being applied to the flow of the life cycle of records, we have reviewed overall issues from the production of non-disclosed and confidential records to the utilization of the records pursuant to these steps and offered directions for improvement.

A Plan for Activating Elderly Sports to Promote Health in the COVID-19 Era (코로나19 시대 건강증진을 위한 노인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.7
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    • pp.141-160
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    • 2020
  • The purpose of this study was to devise a specific plan for activating sports to promote health in old age against the prolonged COVID-19 pandemic. Through literature review, it also analyzed the association between health status and COVID-19 in old age, suggested health promotion policies and projects for elderly people, and presented a plan for activating sport to promote health in old age against COVID-19 era. First, it is necessary to revise the relevant laws, including the Sport Promotion Act and the Elderly Welfare Act, partially or entirely, make developmental and convergent legislations for elderly health and sports, and establish an institutional device as needed. Second, it is necessary to build an integrated digital platform for the elderly and make a supporting system that links facilities, programs, information, and job creation as part of a New Deal program in the field of sports on the basis of the Korean New Deal. Third, it is necessary to train elderly welfare professionals. Efforts should be made to establish more departments related to elderly sports in universities and make it compulsory to place elderly sports instructors at elderly leisure and welfare facilities. Fourth, it is necessary to develop contents related to health in old age. This means performing diverse movements by manipulating them through a virtual reality (VR) simulation. Fifth, it is necessary to make a greater investment in research and development related to elderly sports and relevant fields. This means the need to conduct constant research on healthy and active aging in a systematic and practical way through multidisciplinary cooperation. Sixth, it is necessary to establish and operate an elderly management agency (elderly health agency) under the influence of the Office of the Prime Minister. This means the need to secure independence in implementing the functions related to health promotion in old age and make comprehensive operation, which involves all the issues of health promotion in old age, daily function maintenance and rehabilitation, social adjustment, and long-term care, by establishing an elderly management agency in an effort to give lifelong health management to the elderly and cope with the untact, New Normal age.

A strategic Approach for Establishing Korea's Cyber Terrorism Policy : Focusing on the UK's cyber terrorism policy (국내 사이버테러 정책수립을 위한 전략적 접근방안 : 영국의 사이버테러 정책을 중심으로)

  • Kim, Byung-Hwa
    • Korean Security Journal
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    • no.51
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    • pp.173-195
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    • 2017
  • Recently, in South Korea, security management has been strengthened, but there have been an increasing number of cases where the main infrastructure of the country is hacked in the cyber space. South Korea is equipped with sophisticated information and communication technologies, such as Internet, but is threatened by cyber terrorism of North Korea and terrorist organizations. Nevertheless, there is a limit to how to develop a policy and strategic plan for the country, which is related to domestic terrorism and lacks legal and regulatory facilities, and therefore, in this study, proposed suggestions for building adaptive and efficient policy formulation. Based on the theoretical analysis framework of the Strategic Plan for achieving the objectives of the research, we compared the UK 's security strategy with the national security policy of the domestic government. As a result, several problems were derived: First, the domestic security strategy did not take into account the external environment. Secondly, lack of coordination with domestic cyber security goals setting and strategy is causing ambiguity and confusion. Third, the detailed plan of implementation of national security in each province is designed to ensure that there is a possibility that a mixed side effect between ministries and agencies will arise. Fourth, it was found that there was a limit to prepare the evaluation standards for the evaluation and return of domestic security policies in the country. Therefore, in order to establish a policy for the response of domestic cyber terrorism, we set up a vision from long-term perspectives and concrete targets based on the strategic approach of the security policy, It is necessary to present an assignment and formulate an efficient execution plan. It is necessary to maintain and improve the domestic safeguards in order to be able to complement the problems through evaluation and feedback.

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Exploratory Study on Enhancing Cyber Security for Busan Port Container Terminals (부산항 컨테이너 터미널 사이버 보안 강화를 위한 탐색적 연구)

  • Do-Yeon Ha;Yul-Seong Kim
    • Journal of Navigation and Port Research
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    • v.47 no.6
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    • pp.437-447
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    • 2023
  • By actively adopting technologies from the Fourth Industrial Revolution, the port industry is trending toward new types of ports, such as automated and smart ports. However, behind the development of these ports, there is an increasing risk of cyber security incidents and threats within ports and container terminals, including information leakage through cargo handling equipment and ransomware attacks leading to disruptions in terminal operations. Despite the necessity of research to enhance cyber security within ports, there is a lack of such studies in the domestic context. This study focuses on Busan Port, a representative port in South Korea that actively incorporates technology from the Fourth Industrial Revolution, in order to discover variables for improving cyber security in container terminals. The research results categorized factors for enhancing cyber security in Busan Port's container terminals into network construction and policy support, standardization of education and personnel training, and legal and regulatory factors. Subsequently, multiple regression analysis was conducted based on these factors, leading to the identification of detailed factors for securing and enhancing safety, reliability, performance, and satisfaction in Busan Port's container terminals. The significance of this study lies in providing direction for enhancing cyber security in Busan Port's container terminals and addressing the increasing incidents of cyber security attacks within ports and container terminals.