• Title/Summary/Keyword: 사전예방원칙

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On the Introduction of the Internal Metering Policy in COSMOS (서울시 실시간 신호제어시스템(COSMOS)내 내부미터링 제어전략 도입 방안)

  • 이승환;이상수;이성호
    • Journal of Korean Society of Transportation
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    • v.21 no.4
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    • pp.79-90
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    • 2003
  • Internal metering policy(IMP) is a control strategy to improve the quality of traffic flow within a network by avoiding queue spillback or intersection blockage. It is a more aggressive control strategy than the current control strategy employed in COSMOS. A preliminary study was made to incorporate the IMP logic within the COSMOS system to improve its' functionality at oversaturated conditions. From the study results, a set of guideline for real implementation was recommended : traffic conditions, detector configurations, and control procedures, etc. A simulation study was performed to evaluate the effectiveness of the proposed guidelines. It was shown that the occurrence of queue spillback was minimized. and overall network performance was also improved by applying IMP logic as compared to COSMOS control onl.

A Study on the Use of Police Force in the Public Assembly: Focused on the Vehicle-wall-blocking and water cannon (집회현장에서의 경찰의 물리력 사용현황과 개선방안: 차벽과 물포 사용을 중심으로)

  • Hwang, Mun-Gyu
    • Korean Security Journal
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    • no.50
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    • pp.307-337
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    • 2017
  • The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

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The Study of Security System for Candidates for the 17th President (제17대 대통령선거후보자 경호제도에 관한 연구)

  • Kim, Doo-Hyun
    • Korean Security Journal
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    • no.14
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    • pp.43-67
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    • 2007
  • This is the study of efficient security system for candidates for the 17th President. The president election will be held in 20 countries this year. As conflicts between interest groups are expected to emerge, they are afraid of accidental raid in the campaign tour in addition to revival of regionalism and possibility of confrontation between interest groups with issues of anti-FTA In our country. The purpose of this study is to suggest appropriate method through study of security system for president candidate as just 6 months are left for the 17th president election. Also this study covers security environment for the president election, principle of security, and theoretical study for cause of terror, security system domestic and abroad and its analysis and how to provide the efficient security for president candidate. Therefore first, for desirable security the security should be provided by professional org like president security department. Second, combined security for target by current rules should be done. Fourth, total security is necessary to prevent security threats in advance. Third, the public security should be provided for every president candidates. Fifth, example of secret service in America should be studied and economical security should be considered Sixth, we should increase the use of Security Company and martial artists.

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The Legal Response and Future Tasks regarding Oil-Spill Damage to Korea - Focusing on the Hebei Spirit oil-spill (한국의 해양유류오염피해에 대한 법적 대응과 과제 - HEBEI SPIRIT호 유류유출사고를 중심으로 -)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.7 no.3
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    • pp.89-120
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    • 2008
  • With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

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A Study on the Development about Crisis Control Analyzes and the Realities of VIP Terrorism (요인(要人)테러의 위기관리 사례분석 및 발전방향에 관한 고찰)

  • Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.235-259
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    • 2007
  • These days our society, no matter it is individual or community or nation it has diversity big and small trouble and Terrorism, disaster that gives national crisis in many different ways. Before we dont think disaster is big problem in nation crisis but now we have to think seriously and put the disaster problem in nation crisis. Also security terrorism is important in national crisis just same as security of nation and disaster in national crisis management. Specially, attacking national sovereign and the head of the government are still increasingly and if deadly terror happens than nation will get big crisis and can get aftereffect. Accordingly way of development about crisis control in security terrorism, first of all, for make confrontation system because of crisis management, need judical revision about escort law and prevention of terror. Second of all, need exclusion of guard danger element for strengthening guard safe action. Third of all, strengthening education to people so increase ability of conquest in the scene. Finally, security terror not only directly purpose also indirectly purpose increase, need to development about guards way and need a strong will to reduce terrorism, also put emphasis on prevention guards action and before the fact make perfection more perfect in crisis control to removal element of terror.

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Estimating the Global Inflow and Stock of Plastic Marine Debris Using Material Flow Analysis: a Preliminary Approach (물질흐름분석을 활용한 전세계 플라스틱 해양쓰레기의 유입량과 현존량 추정: 예비적 접근)

  • Jang, Yong Chang;Lee, Jongmyoung;Hong, Sunwook;Choi, Hyun Woo;Shim, Won Joon;Hong, Su Yeon
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.18 no.4
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    • pp.263-273
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    • 2015
  • We estimated the global inflow and stock of plastic marine debris. In South Korea, we estimated that the annual inflow of plastic marine debris (72,956 tons) was about 1.4% of annual plastics consumption (5.2 million tons) in 2012. By applying this 1.4% ratio to global plastics production from 1950 to 2013, we estimated that 4.2 million tons of plastic debris entered the ocean in 2013 and that there is a stock of 86 million tons of plastic marine debris as of the end of 2013, assuming zero outflow. In addition, with a logistic model, if 4% of petroleum is turned into plastics, the final stock of plastic marine debris shall be 199 million tons at the end. As the inflow and the stock are different units of measurement, better indicators to assess the effectiveness of inflow-reducing policies are needed. And, as the pollution from plastic marine debris is almost irreversible, countermeasures to prevent it should be valued more, and stronger preventive measures should be taken under the precautionary principle. As this is a preliminary study based on limited information, further research is needed to clarify the tendency of inflow and stock of plastic marine debris.

Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

Consumer Perceptions of Food-Related Hazards and Correlates of Degree of Concerns about Food (주부의 식품안전에 대한 인식과 안전성우려의 관련 요인)

  • Choe, Jeong-Sook;Chun, Hye-Kyung;Hwang, Dae-Yong;Nam, Hee-Jung
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.34 no.1
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    • pp.66-74
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    • 2005
  • This survey was conducted to assess the consumer perceptions of food-related hazard in 500 housewives from all over Korea. The subjects were selected by stratified random sampling method. The survey was performed using structured questionnaire through telephone interview by skilled interviewers. The results showed that 34.6% of the respondents felt secure and were not concerned about food safety, and 65.4% were concerned about food safety. Logistic regression analysis showed that the increasing concern on food brands, food additives (such as food preservatives and artificial color), and imported foodstuffs indicated the current increasing concern on food safety. Other related factors indicating the increasing concern on food safety were education level and care for children's health. The respondents who cared about food safety expressed a high degree of concern on processed foodstuffs such as commercial boxed lunch (93.3%), imported foods (92.7%), fastfoods (89.9%), processed meat products (88.7%), dining out (85.6%), cannery and frozen foods (83.5%), and instant foods (82.0%). The lowest degree of concern was on rice. All the respondents perceived that residues of chemical substances such as pesticides and food additives, and endocrine disrupters were the most potential food risk factors, followed by food-borne pathogens, and GMOs (Genetically Modified Organisms). However, these results were not consistent with scientific judgment. Therefore, more education and information were needed for consumers' awareness of facts and myths about food safety. In addition, the results showed that consumers put lower trust in food products information such as food labels, cultivation methods (organic or not), quality labels, and the place of origin. Nevertheless, the respondents expressed their desire to overcome alienation, and recognized the importance of knowing of the origin or the producers of food. They identified that people who need to take extreme precautions on food contamination were the producers, government officials, food companies, consumers, the consumer's association, and marketers, arranged in the order of highest to lowest. They also believed that the production stage of agriculture was the most important step for improving the level of food safety Therefore, the results indicated that there is a need to introduce safety systems in the production of agricultural products, as follows: Good Agricultural Practice (GAP), Hazard Analysis and Critical Control Point (HACCP), and Traceability System (75).